Opinion
CASE NO. 1:12-cv-01833-LJO-SMS
02-22-2013
ALBERT GEORGE CURTIS, Plaintiff, v. ORCHARD SUPPLY HARDWARE STORES CORPORATION; VISALIA PROPERTIES, a California General Partnership, Defendants.
GIBSON, DUNN & CRUTCHER LLP Benjamin M. Glickman Attorneys for Defendant ORCHARD SUPPLY HARDWARE STORES CORPORATION GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP Daniel Jordan Attorneys for Defendant VISALIA PROPERTIES MOORE LAW FIRM, P.C. Tanya E. Moore Attorneys for Plaintiff ALBERT GEORGE CURTIS
GIBSON, DUNN & CRUTCHER LLP
PETER S. MODLIN, SBN 151453
PModlin@gibsondunn.com
555 Mission Street, Suite 3000
San Francisco, California 94105
Telephone: (415) 393-8200
Facsimile: (415) 393-8306
BENJAMIN M. GLICKMAN, SBN 247907
BGlickman@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
Attorneys for Defendant
ORCHARD SUPPLY HARDWARE
STORES CORPORATION
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.
GIBSON, DUNN & CRUTCHER LLP
By: __
Benjamin M. Glickman
Attorneys for Defendant
ORCHARD SUPPLY HARDWARE STORES
CORPORATION
GLASER WEIL FINK JACOBS HOWARD AVCHEN
& SHAPIRO LLP
By: __
Daniel Jordan
Attorneys for Defendant
VISALIA PROPERTIES
MOORE LAW FIRM, P.C.
By: __
Tanya E. Moore
Attorneys for Plaintiff
ALBERT GEORGE CURTIS
IT IS SO ORDERED.
_____________
Hon. Sandra M. Snyder
United States Magistrate Judge