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Connally v. Han Il Kwan Restaurant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 11, 2010

PATRICK CONNALLY, AN INDIVIDUAL, PLAINTIFF,
v.
HAN IL KWAN RESTAURANT, A.K.A., THEREON WILLIAM AND ANNETTE SCARABOSIO, TRUSTEES OF THE SCARABOSIO FAMILY REVOCABLE TRUST DATED 4/1/99, DEFENDANTS.

STIPULATION RE CONTINUING DEADLINE FOR THE PARTIES TO CONDUCT THE JOINT SITE INSPECTION AND [PROPOSED] ORDER

Plaintiff PATRICK CONNALLY and defendants WILLIAM and ANNETTE SCARABOSIO, TRUSTEES of the SCARABOSIO FAMILY REVOCABLE TRUST dated 4/1/99, by and through their respective counsel, respectfully request and stipulate, as follows:

1. Whereas, defendants WILLIAM and ANNETTE SCARABOSIO, TRUSTEES of the SCARABOSIO FAMILY REVOCABLE TRUST dated 4/1/99 filed their answer to plaintiff's complaint on December 2, 2009;

2. Whereas, plaintiff PATRICK CONNALLY submitted his injunctive relief to defendants WILLIAM and ANNETTE SCARABOSIO, TRUSTEES of the SCARABOSIO FAMILY REVOCABLE TRUST dated 4/1/99 on December 4, 2009;

3. Whereas, counsel for defendants WILLIAM and ANNETTE SCARABOSIO, TRUSTEE of the SCARABOSIO FAMILY REVOCABLE TRUST dated 4/1/99, has indicated that his clients do not have any right to enter the subject restaurant to make repairs without the tenants' cooperation under the lease;

4. Whereas, defendants WILLIAM and ANNETTE SCARABOSIO, TRUSTEES of the SCARABOSIO FAMILY REVOCABLE TRUST dated 4/1/99 need to coordinate with their tenants at the subject restaurant, which is not a party in the above-mentioned caption matter;

5. Whereas, due to these circumstances the parties were unable to conduct the joint site inspection of the premises by December 21, 2009, as Ordered by General Order 56, ¶3,4;

6. Whereas, the parties are scheduled to conduct the joint site inspection of the subject premises on January 19, 2010; and

7. Whereas, the parties, hereto agree, stipulate and respectfully request that the last day for the parties and counsel to conduct the joint inspection of the premises be continued up to and including January 21, 2010.

Dated: December 29, 2009

ORDER

IT IS SO ORDERED that the last day for the parties and counsel to conduct the joint site inspection of the premises be continued up to and including January 21, 2010.

20100111

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