UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 17, 2012
NATIVIDAD GUTIERREZ, PLAINTIFF,
EVA MENDOZA, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
Manuel Garcia, Esq. (SBN 183535) Nicholas J. Perry, Esq. (SBN 276439) PEEL | GARCIA LLP 3585 W. Beechwood, Suite 101 Fresno, California 93711 Telephone: (559) 431-1300 Facsimile: (559) 431-1442 Attorneys for: Defendants, CORINA HERNANDEZ AND GERARDO HERNANDEZ DBA TAQUERIA Y CARNICERIA CORINA'S 2; EVA MENDOZA; and FRED MENDOZA
STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS CORINA HERNANDEZ AND GERARDO HERNANDEZ DBA TAQUERIA Y CARNICERIA CORINA'S 2 TO RESPOND TO COMPLAINT AND ORDER THEREON
WHEREAS, Plaintiff Natividad Gutierrez ("Plaintiff") and Defendants Corina Hernandez and Gerardo Hernandez dba Taqueria Y Carniceria Corina's 2 ("Defendants") previously entered into and filed a stipulation extending Defendants' time to file a responsive pleading to May 16, 2012;
WHEREAS, counsel for Defendants were just retained by Defendants on May 15, 2012. In order to properly analyze the claims against the Defendants and prepare an appropriate responsive pleading, counsel for Defendants will need appropriate time to evaluate the Complaint, facts, and circumstances of this case. Defendants have acted in good faith in seeking counsel to represent them in this action;
WHEREAS, this request for extension is made prior to the expiration for performance under the original stipulation. Further, Plaintiff's counsel has previously provided the Mendoza Defendants an extension of time within which to file their responsive pleadings, which must occur on or before June 7, 2012. This minimal delay in the Defendants' filing will run concurrently with the previous stipulation for the Mendoza Defendants.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Defendants, through their counsel of record, and Plaintiff, through his counsel of record, that pursuant to Federal Rules of Civil Procedure 6(b), Defendants may have up to, and including, June 7, 2012, to file a responsive pleading.
IT IS SO STIPULATED.
Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that the Stipulation for Extension of Time for Defendants Corina Hernandez and Gerardo Hernandez dba Taqueria Y Carniceria Corina's 2 ("Defendants") to Respond to Complaint be granted. Defendants may have up to, and including, June 7, 2012, to file a responsive pleading.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
I am a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is 3585 West Beechwood, Suite 101, Fresno, California 93711.
On May 16, 2012, I served the within STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS CORINA HERNANDEZ AND GERARDO HERNANDEZ DBA TAQUERIA Y CARNICERIA CORINA'S 2 TO RESPOND TO COMPLAINT AND ORDER THEREON on the interested parties in said action, as listed below: Tanya E. Moore MOORE LAW FIRM, P.C. 332 North Second Street San Jose, CA 95112 Email: Tanya@moorelawfirm.com Tel: (408) 298-2000 / Fax: (408) 298-6046 Attorneys for Plaintiff
[XX] VIA ELECTRONIC MAIL - I caused such document(s) to be served via electronic mail to the email address(es) above.
[ ] VIA OVERNIGHT MAIL - I caused such envelope to be delivered by hand in a receptacle regularly maintained by the United Parcel Service.
[ ] BY MAIL - I am readily familiar with the firm's practice of collection and processing of documents for mailing. Under that practice, it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Fresno, California, in the ordinary course of business. I am aware on motion of the party served, service is presumed invalid if postal cancellation date of postage meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and if sworn as a witness I can competently testify to the foregoing of my own knowledge.
Executed on May 16, 2012, at Fresno, California. _/s/ Angela Antoyan__________________________ Declarant - Angela Antoyan
IT IS SO ORDERED.
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