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Albert George Curtis v. Orchard Supply Hardware

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 22, 2013

ALBERT GEORGE CURTIS,
PLAINTIFF,
v.
ORCHARD SUPPLY HARDWARE
STORES CORPORATION; VISALIA PROPERTIES, A CALIFORNIA GENERAL
PARTNERSHIP,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Sandra M. Snyder United States Magistrate Judge

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT ORDER THEREON L.R. 143, 144 Action Filed: November 7, 2012

Pursuant to Local Rules 143 and 144, the undersigned counsel of record for Plaintiff Albert George Curtis ("Plaintiff"), Defendant Orchard Supply Hardware LLC ("Orchard"), and Defendant Visalia Properties ("Visalia" and, collectively with Orchard, "Defendants") stipulate and agree to extend the time for Visalia's response to Plaintiff's Complaint as follows:

WHEREAS, Plaintiff filed his complaint in this action on November 7, 2012 (the "Complaint");

WHEREAS, Defendant Visalia Properties was served with the Complaint on January 7, 2013;

WHEREAS, on January 23, 2013, the parties stipulated, pursuant to Local Rule 144, to extend the time for Visalia's response to the Complaint by twenty-eight (28) days;

WHEREAS, absent an extension, Visalia's response to the Complaint is currently due on February 25, 2013;

WHEREAS, Plaintiff and Orchard are actively engaged in settlement discussions to resolve this matter on behalf of all parties;

WHEREAS, the parties have met and conferred and have agreed that it is in the best interests of the parties, and in the interests of justice, to extend the time for Visalia to respond to the Complaint until March 4, 2013 to permit further settlement discussions while minimizing litigation expense;

WHEREAS, this extension will not alter any other date or deadline set by the Court;

WHEREAS, the parties agree that this stipulation does not waive any right of the parties to request further extensions from the Court;

IT IS STIPULATED AND AGREED THAT Visalia's time to answer or otherwise respond to the Complaint shall be extended by seven (7) days to March 4, 2013. Nothing in this Stipulation shall be construed as a waiver of any of Plaintiffs' or Defendants' rights, defenses, or arguments they would otherwise have.

DATED: February 21, 2013 GIBSON, DUNN & CRUTCHER LLP By: /s/ Benjamin M. Glickman Benjamin M. Glickman Attorneys for Defendant ORCHARD SUPPLY HARDWARE STORES CORPORATION DATED: February 21, 2013 GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP By: /s/ Daniel Jordan (as authorized on 2/21/13) Daniel Jordan Attorneys for Defendant VISALIA PROPERTIES DATED: February 21, 2013 MOORE LAW FIRM, P.C. By: /s/ Tanya E. Moore (as authorized on 2/21/2013) Tanya E. Moore Attorneys for Plaintiff ALBERT GEORGE CURTIS

IT IS SO ORDERED.

Sandra M, Snyder

20130222

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