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FEEZOR v. BMW MANAGEMENT

United States District Court, S.D. California


September 14, 2005.

LARY FEEZOR; Plaintiff,
v.
BMW MANAGEMENT, INC., dba SIZZLER; Defendant.

The opinion of the court was delivered by: THOMAS WHELAN, District Judge

STIPULATION FOR VACATION OF DEFAULT AND EXTENSION OF TIME TO RESPOND TO COMPLAINT; ORDER THEREON
Plaintiff Lary Feezor and Defendant BMW Management, Inc., by and through their respective counsel of record do hereby stipulate and agree as follows.

  RECITALS

  WHEREAS, the parties to this litigation desire to focus on settlement negotiations, and an effort to settle this litigation before incurring the expense of filing responsive pleadings; and

  WHEREAS, the parties to this Stipulation have agreed with each other to grant BMW Management, Inc. an extension of time to respond to the Complaint through and including Friday, September 23, 2005; and

  WHEREAS, this Court, absent any request by Plaintiff, entered the default of Defendant BMW Management, Inc. on September 7, 2005; and

  WHEREAS, in light of the parties' agreement that BMW Management, Inc. would have an extension of time to respond to the Complaint in order to facilitate settlement negotiations, the parties do agree that any default entered against BMW Management, Inc. should be vacated and set aside in order that the parties may proceed on the merits.

  NOW, THEREFORE, it is hereby stipulated and agreed by and between Plaintiff Lary Feezor and Defendant BMW Management, Inc., through their respective counsel of record, that the default entered against Defendant BMW Management, Inc. by the Court on September 7, 2005 be vacated and set aside, and that BMW Management, Inc. be granted an extension of time to respond to the Complaint herein through and including September 23, 2005.

  ORDER

  Having read the foregoing Stipulation, and good cause appearing therefore, it is hereby ordered, adjudged and decreed that the default of Defendant BMW Management, Inc. entered by order of this Court on September 7, 2005, is hereby set aside and vacated, and BMW Management, Inc. shall have through and including Friday, September 23, 2005 to file a responsive pleading to the Complaint in this action. STATE OF CALIFORNIA ) ) ss.: COUNTY OF RIVERSIDE )

  I am employed in the county of Riverside, State of California. I am over the age of 18 years and not a party to the within action. My business address is 40880 Via los Altos, Temecula, CA 92591.

  On September 9, 2005, I served the foregoing document described as STIPULATION FOR VACATION OF DEFAULT AND EXTENSION OF TIME TO RESPOND TO COMPLAINT on the interested parties in this action [X] by placing a true copy thereof ? by placing the original thereof, enclosed in a sealed envelope, addressed as follows: Lynn Hubbard III, Esq. LAW OFFICES OF LYNN HUBBARD 12 Williamsburg Lane Chico, CA 95926

  [X] By mail. I deposited such envelope in the mail at Temecula, California. The envelope was mailed with postage thereon fully prepaid.

  ? By Federal Express. I deposited in a box or other facility regularly maintained by Federal Express, an express service carrier, true copies of the foregoing document in a sealed envelope designated by the express service carrier, addressed as stated above, with fees for overnight delivery paid or provided for.

  ? By personal service. I caused such envelope to be delivered by hand to the addressee.

  ? By facsimile copy, transmitted at Temecula, California to the following fax number:

  ? Federal. I declare that I am employed in the office of a member of this court at whose direction the service was made.

  [X] State. I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

  Executed on September 9, 2005, at Temecula, California.

 _________________ Kimberly A. Edge

20050914

© 1992-2005 VersusLaw Inc.



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