UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Jose Division
November 8, 2011
CHRISTOPHE JUNCKER, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR MARINA MARTIN-JUNCKER, VALERIE BARRON, INDIVIDUALLY AND AS GUARDIAN AD LITEM FOR LAMART JOHNSON, LASHAWN JOHNSON, AND KATAESHA
DUBOSE, AND KELVIN DUBOSE,
CLARITO REALICA, ELVIRA REALICA, MARK REALICA, RICARDO DE LEON, MAYNARD DE LEON, AND REGINA VENTURA, DEFENDANTS.
The opinion of the court was delivered by: U.S. Magistrate Judge Howard L. Lloyd
Jessica Fry, Bar No. 264480 firstname.lastname@example.org Sayuri K. Sharper, Bar No. 232331 email@example.com LAW FOUNDATION OF SILICON VALLEY FAIR HOUSING LAW PROJECT 152 North Third Street, Third Floor San Jose, CA 95112 Telephone: (408) 280-2458 Facsimile: (408) 293-0106 Attorneys for Plaintiffs Christophe Juncker, Marina Martin-Juncker, Valerie Barron, Lamart Johnson, Lashawn Johnson, Kataesha DuBose, and Kelvin Duose
STIPULATION TO THIRD EXTENSIONOF TIME TO SERVE RICARDO DE LEON AND [PROPOSED] ORDER
This Stipulation to Third Extension of Time to Serve Ricardo De Leon and Order thereon ("Stipulation") is entered by plaintiffs Christophe Juncker, as an individual and as guardian ad 24 litem Marina Juncker, Kelvin DuBose, and Valerie Barron, as an individual and as guardian ad 25 litem for Lashawn Johnson, Lamart Johnson, and Kataesha DuBose ,on the one hand and 26 defendants Clarito Realica, Elvira Realica, Mark Realica, and Regina Ventura, on the other, 27 through their respective counsel.
On August 30, 2011, the court issued an order granting a second extension of time to the 2 plaintiffs to serve defendant Ricardo De Leon until October 20, 2011. See Order (1) Granting 3 Second Extension of Time for Plaintiffs to Serve De Leon Defendants; (2) Setting Deadline for 4 Private Mediation; and (3) Setting Further Case Management Conference [Docket No. 23] at ¶1.
At the same time, the court ordered that, "[t]o the extent that the other defendants have 6 information as to the De Leons' whereabouts, they shall furnish that information to plaintiffs 7 forthwith."Id. 8
On October 14, 2011, defendants served upon plaintiffs belated and incomplete discovery 9 responses, including an address for Ricardo de Leon.
On October 18, 2011, plaintiffs obtained a summons from the court for Defendant Ricardo 11 De Leon. See Docket No. 26.
Since that time, plaintiffs have been diligently trying to serve the summons and complaint 13 upon defendant Ricardo De Leon, but have been unable to do so. Therefore, plaintiffs request that 14 the court allow a third extension of time to serve defendant Ricardo De Leon for one month, by 15 November 20, 2011.
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE UNDERSIGNED COUNSEL FOR THE PARTIES HEREIN that the court extends the deadline to 18 serve defendant Ricardo De Leon to November 20, 2011.
PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWING, IT IS SO 4
ORDERED that the deadline to serve defendant Ricardo De Leon be extended to November 20, 2011.
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