The opinion of the court was delivered by: John A. Mendez United States District Court Judge
STIPULATION OF ALL PARTIES TO EXTEND TIME TO FILE STIPULATION TO DISMISS; ORDER Trial Date: Vacated Pre Trial Date: Vacated
Plaintiffs JIMMIE FRENKEN and KATHLEEN FRENKEN, Defendant B&B HOMES CORP., (dba TETON HOMES), Defendant PROGRESSIVE HOUSING, INC., (dba HAPPY DAZE) and Cross Defendant and Cross-Complainant POWER GEAR ("POWER GEAR") present the following request to extend the time for filing of a Stipulation to Dismiss based on the following agreed facts:
1. This matter was settled at a Mediation held April 2, 2009.
2. The settlement terms provide for transfer of Plaintiff's 5th wheel travel trailer to defendant PROGRESSIVE HOUSING, INC. and payoff of the lien on the travel trailer. Certain documentation necessary to transfer the travel trailer and pay off the loan is being prepared but is not complete.
3. The settlement terms provide that payment by Power Gear is due not later than 30 days from the date the settlement agreement was signed by plaintiff. The settlement agreement is finalized and was signed by plaintiff on April 20, 2009, so Power Gear's payment is due May 20, 2009, at the latest.
4. By their signatures below, all parties have agreed and hereby request the Court extend the time to file a stipulation to dismiss the case to May 26, 2009, so that all documentation necessary to finalize settlement of the case can be completed and all payments made within the time allotted in the settlement agreement.
5. No party has made any prior request to continue the time for filing the Stipulation for Dismissal.
BOLLING & GAWTHROP JOHN P. COLEMAN Attorneys for Defendant and CrossComplainant PROGRESSIVE HOUSING, INC., dba HAPPY DAZE RV'S
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