Opinion
Case No. 1:11-CV-01257-AWI-BAM
11-08-2012
VIOLA COPPOLA, GARY COPPOLA and THE TRUST OF ANTHONY M. COPPOLA, Plaintiffs, v. GREGORY SMITH, an individual, RICHARD LASTER, an individual; and THE JANE HIGGINS NASH TRUST; JANE NASH AS EXECUTOR OF THE ESTATE OF DECATUR HIGGINS AKA THE ESTATE OF MABEL ELAINE HIGGINS, HARLEY MILLER, an individual, CHERYL MILLER, an individual, MARTIN AND MARTIN PROPERTIES, BENART MAIN STREET PROPERTIES, CAL WATER SERVICE COMPANY, the CITY OF VISALIA and DOES 1-20, inclusive; Defendants. AND RELATED COUNTER AND CROSS CLAIMS.
CHIELPEGIAN LAW OFFICES A Professional Corporation MARK E. CHIELPEGIAN LEE S.W. COBB Attorneys for BENART MAIN STREET PROPERTIES GREBEN & ASSOCIATES JAN A. GREBEN JEFF COYNER DANIELLE DE SMETH Attorneys for PLAINTIFFS
CHIELPEGIAN LAW OFFICES
A Professional Corporation
Mark E. Chielpegian, #190314
Lee S.W. Cobb
Attorneys for Benart Main Street Properties
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT
BENART MAIN STREET PROPERTIES TO RESPOND TO PLAINTIFFS' THIRD AMENDED COMPLAINT
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
WHEREAS, defendant Benart Main Street Properties' ("Benart") - Benart's counsel is informed and believes that the proper entity/party-defendant is/was actually named "Benart - Main Street Investors, a California corporation" - deadline to file and serve a pleading responsive to plaintiffs Viola Coppola's, Gary Coppola's and The Trust of Anthony M. Coppola's ("plaintiffs") third amended complaint is currently November 9, 2012.
WHEREAS, the parties have been engaged in discussions in an effort to resolve this matter informally, and it appears that an informal resolution of this matter is forthcoming.
WHEREAS, plaintiffs have therefore agreed that Benart shall have an additional eighteen (18) days to respond to plaintiffs' third amended complaint.
WHEREAS, Local Rule 144(a) allows for a stipulation between the parties allowing for additional time to respond to a complaint, such as the instant one.
THE PARTIES HERETO, BY AND THROUGH THEIR RESPECTIVE COUNSEL, DO HEREBY AGREE AND STIPULATE AS FOLLOWS:
That Benart shall have until November 27, 2012, to file and serve its pleading responsive to plaintiffs' third amended complaint.
CHIELPEGIAN LAW OFFICES
A Professional Corporation
By: ______________________
MARK E. CHIELPEGIAN
LEE S.W. COBB
Attorneys for BENART MAIN STREET
PROPERTIES
GREBEN & ASSOCIATES
By: ______________________
JAN A. GREBEN
JEFF COYNER
DANIELLE DE SMETH
Attorneys for PLAINTIFFS
ORDER
Based on the foregoing stipulation, and good cause shown, the Court orders that Defendant Benart Main Street Properties may file its response to plaintiffs' Third Amended Complaint on or before November 27, 2012.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE