Opinion
Case No. 2:13-cv-00553-TLN-DAD
04-16-2013
GUADALUPE TAPIA, Plaintiff, v. CAMPBELL SOUP SUPPLY COMPANY, LLC; MARIA D. GARCIA, an individual, AND DOES I -XX inclusive, Defendants.
COOK BROWN, LLP MEG E. WILSON, ESQ. By: Meg E. Wilson Attorneys for Defendants CAMPBELL SOUP SUPPLY COMPANY, LLC and MARIA D. GARCIA THE ROSA LAW GROUP ANDREA ROSA, ESQ. By: Andrea Rosa Attorneys for Plaintiff GUADALUPE TAPIA
RONALD W. BROWN, ESQ. (SBN 107340)
CARRIE E. BUSHMAN, ESQ. (SBN 186130)
MEG E. WILSON, ESQ. (SBN 278386)
COOK BROWN, LLP
555 CAPITOL MALL, SUITE 425
SACRAMENTO, CALIFORNIA 95814
TELEPHONE NO.: 916-442-3100
FACSIMILE NO.: 916-442-4227
Attorneys for Defendants CAMPBELL SOUP SUPPLY
COMPANY, LLC and MARIA D. GARCIA
STIPULATION AND [PROPOSED]
ORDER REGARDING THE FILING OF
THE FIRST AMENDED COMPLAINT
BY GUADALUPE TAPIA AND THE
TIME FOR DEFENDANTS TO
RESPOND TO THE FIRST AMENDED
COMPLAINT
WHEREAS, this action was filed on January 25, 2013 in the Superior Court of the State of California, County of Sacramento, entitled Guadalupe Tapia v. Campbell Soup Supply Company, LLC and Maria D. Garcia, Case No. 34-2013-00138968;
WHEREAS, Andrea Rosa, counsel for Plaintiff, provided counsel for Defendants separate Notices and Acknowledgment of Receipt for each defendant dated March 1, 2013 with a copies of the Summons and Complaint;
WHEREAS, counsel for Defendants signed the Notices and Acknowledgment of Receipt and returned same to counsel for Plaintiff on March 20, 2013;
WHEREAS, Defendant Campbell Soup Supply Company removed this action to the United States District Court for the Eastern District of California based on diversity jurisdiction under 28 U.S.C. § 1441(b) on March 20, 2013;
WHEREAS, pursuant to Federal Rules of Civil Procedure 81(c)(2), Defendants' responsive pleading is currently due on April 10, 2013 (21 days after service);
WHEREAS, Plaintiff has agreed to file her First Amended Complaint no later than April 12, 2013;
WHEREAS, Rule 144 of the Civil Local Rules of the Eastern District of California provides that the parties may stipulate to extend the time within which to answer or otherwise respond to the complaint for no more than twenty-eight (28) days with the approval of the Court;
WHEREAS, Plaintiff's counsel has agreed to extend the time for all Defendants to file an answer or otherwise respond to the First Amended Complaint to April 26, 2013;
NOW, THEREFORE, the undersigned parties through their respective counsel stipulate as follows:
1. The First Amended Complaint shall be filed no later than April 12, 2013.
2. The time for Defendants to answer, move against or otherwise respond to the First Amended Complaint shall be April 26, 2013.
This stipulation may be executed in counterparts, including by signature transmitted by facsimile or electronically.
Respectfully submitted,
COOK BROWN, LLP
MEG E. WILSON, ESQ.
By: Meg E. Wilson
Attorneys for Defendants
CAMPBELL SOUP SUPPLY COMPANY,
LLC and MARIA D. GARCIA
THE ROSA LAW GROUP
ANDREA ROSA, ESQ.
By: Andrea Rosa
Attorneys for Plaintiff
GUADALUPE TAPIA
IT IS SO ORDERED.
ORDER
_______________
HON. TROY L. NUNLEY
JUDGE OF THE U.S. DISTRICT COURT