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In Re: Pacifica Park Apartments, LLC. v. Appellant.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 7, 2013

IN RE: PACIFICA PARK APARTMENTS, LLC. DEBTOR,
PACIFICA PARK APARTMENTS, LLC.
v.
APPELLANT. U.S. BANK NATIONAL ASSOCIATION
APPELLEE.

Bankruptcy Court Case Number 12-60039-B-11

STIPULATION AND ORDER FOR AN EXTENSION OF TIME TO FILE APPELLANT'S OPENING BRIEF Date: Time: Courtroom: 2 Place: U.S. Courthouse - 8th Floor 2500 Tulare Street Fresno, California 93721

The undersigned counsel of record of the respective parties in the above-entitled action hereby agree and stipulate as follows:

1. The Appellee U.S. BANK NATIONAL ASSOCIATION, ET. AL. in the above entitled matter has agreed to grant Appellant PACIFICA PARK APARTMENTS, LLC a seven (7) day extension for the filing of its Appellant's Opening Brief, up to and including May 13, 2013.

2. As a result of the Appellant's Attorney criminal trial schedule in April 2013, in Tulare County Superior Court Appellant attorney will not be able to complete Appellant's Opening Brief in this case by May 6, 2013, without impairing the quality of the brief.

3. The parties also agree and stipulate that there will be no prejudice to any party as a result of this extension.

5. The parties agree and stipulate that Appellant Pacifica Park Apartments, LLC will not seek or request any further extensions from the Court or from Appellee concerning the filing of Appellant's Opening Brief. This is Appellant's last extension on Appellant's Opening Brief.

5. The parties agree and stipulate that Appellant's Opening Brief will now be due on or before May 13, 2013.

6. The parties agree and stipulate that Appellee's Opening Brief will now be due on or before twenty-eight (28) days after service of Appellant's Opening Brief.

Dated: May 7, 2013 /s/ Marcus A. Torigian MARCUS A. TORIGIAN Attorney for Appellant PACIFICA PARK APARTMENTS, LLC Dated: May 6, 2013 /s/ Jeffrey S. Goodfried JEFFREY S. GOODFRIED Attorney for Appellee U . S . B A N K N A T I O N A L ASSOCIATION, ET. AL.

ORDER

Based upon the foregoing stipulation and good cause appearing, IT IS HEREBY ORDERED that

1. Appellant's Opening Brief is now due on May 13, 2013.

2. Appellee's Opening Brief is due, filed in the district court, within twenty-eight (28) days after service of Appellant's Opening Brief

3. Appellant may file a reply brief with the district court, within fourteen (14) days after service of appellee's brief.

4. Once all briefs have been submitted, the appellant is to notify the court in writing, within fourteen (14) days after service of appellant's reply brief, that the appeal is ready for oral argument. IT IS SO ORDERED.

SENIOR DISTRICT JUDGE

20130507

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