Opinion
21-cv-00392
12-29-2021
JOHN BROWN, Plaintiff, v. TAKEUCHI MFG. CO. (U.S.), LTD, et al. Defendant(s).
Nareshwar S. Virdi (SBN 293715) Justin P. Swierczek (SBN 332847) Steven P. Lowe (SBN 333010) ACQUEST LAW, INC. Attorneys for Plaintiff John Brown.
Nareshwar S. Virdi (SBN 293715) Justin P. Swierczek (SBN 332847) Steven P. Lowe (SBN 333010) ACQUEST LAW, INC. Attorneys for Plaintiff John Brown.
STIPULATION; DECLARATION OF JUSTIN SWIERCZEK; AND ORDER TO CONTINUE DEFENDANT TAKEUCHI MFG. CO. (U.S.), LTD'S MOTION TO DISMISS THE FOURTH CAUSE OF ACTION IN THE FIRST AMENDED COMPLAINT
HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
WHEREAS, on October 21, 2021, Defendant TAKEUCHI MFG. CO. (U.S.), LTD (hereinafter “Takeuchi”) filed a motion to dismiss under FRCP Rule 12(b)(6) and 12(f);
WHEREAS, Plaintiff JOHN BROWN'S response is due on December 28, 2021;
WHEREAS, the Plaintiff and Takeuchi are in agreement to continue the date of motion and the corresponding response date;
WHEREAS, the Plaintiff and Takeuchi have met and conferred regarding the motion to dismiss;
ACCORDINGLY, IT IS SO STIPULATED, by and between the parties and through their counsel, as follows:
1. Takeuchi MFG. Co. (U.S.), Ltd's Motion to Dismiss be continued to February 22, 2022, or thereafter;
2. Plaintiff's deadline to respond to the motion to dismiss is February 8, 2022.
ORDER
The above stipulation is GRANTED. The January 11, 2022 hearing on Defendant Takeuchi Mfg. Co.'s Motion to Dismiss (ECF No. 32) is VACATED and CONTINUED to March 1, 2022, at 1:30 pm in courtroom 6.
DECLARATION OF JUSTIN P. SWIERCZEK
1. I am an attorney at Acquest Law, Inc. the attorneys of record for the Plaintiff in this matter;
2. I am licensed to practice in the State of California. My California State Bar Number is 332847.
3. Since the beginning of December 16, 2021, I have been sick with fever, chills, uncontrollable cough, and body aches.
4. My treating physician is treating me for pneumonia, and I am currently waiting for clearance from an evaluation by a specialist to confirm an issue with my posterior pharynx, and posterior pharyngeal muscles.
5. Because of these health issues, I have not been able to attend my office.
6. I expect to start attending office by January 10, 2022.
I certify, under the penalty of perjury, that the above statements in my declaration are true and correct to the best of my knowledge.