Opinion
Case No. 11-CV-00886-HRL
11-08-2011
CHRISTOPHE JUNCKER, individually and as Guardian Ad Litem for MARINA MARTIN-JUNCKER, VALERIE BARRON, individually and as Guardian Ad Litem for LAMART JOHNSON, LASHAWN JOHNSON, and KATAESHA DUBOSE, and KELVIN DUBOSE, Plaintiffs, v. CLARITO REALICA, ELVIRA REALICA, MARK REALICA, RICARDO DE LEON, MAYNARD DE LEON, and REGINA VENTURA, Defendants.
Jessica Fry, Bar No. 264480 Sayuri K. Sharper, Bar No. 232331 LAW FOUNDATION OF SILICON VALLEY FAIR HOUSING LAW PROJECT Attorneys for Plaintiffs Christophe Juncker, Marina Martin-Juncker, Valerie Barron, Lamart Johnson, Lashawn Johnson, Kataesha DuBose, and Kelvin Duose
Jessica Fry, Bar No. 264480
Sayuri K. Sharper, Bar No. 232331
LAW FOUNDATION OF SILICON VALLEY
FAIR HOUSING LAW PROJECT
Attorneys for Plaintiffs Christophe Juncker,
Marina Martin-Juncker, Valerie Barron,
Lamart Johnson, Lashawn Johnson, Kataesha
DuBose, and Kelvin Duose
STIPULATION TO THIRD EXTENSION OF TIME TO SERVE RICARDO DE LEON AND [PROPOSED] ORDER
This Stipulation to Third Extension of Time to Serve Ricardo De Leon and Order thereon ("Stipulation") is entered by plaintiffs Christophe Juncker, as an individual and as guardian ad litem Marina Juncker, Kelvin DuBose, and Valerie Barron, as an individual and as guardian ad litem for Lashawn Johnson, Lamart Johnson, and Kataesha DuBose ,on the one hand and defendants Clarito Realica, Elvira Realica, Mark Realica, and Regina Ventura, on the other, through their respective counsel.
On August 30, 2011, the court issued an order granting a second extension of time to the plaintiffs to serve defendant Ricardo De Leon until October 20, 2011. See Order (1) Granting Second Extension of Time for Plaintiffs to Serve De Leon Defendants; (2) Setting Deadline for Private Mediation; and (3) Setting Further Case Management Conference [Docket No. 23] at ¶1.
At the same time, the court ordered that, "[t]o the extent that the other defendants have information as to the De Leons' whereabouts, they shall furnish that information to plaintiffs forthwith."Id.
On October 14, 2011, defendants served upon plaintiffs belated and incomplete discovery responses, including an address for Ricardo de Leon.
On October 18, 2011, plaintiffs obtained a summons from the court for Defendant Ricardo De Leon. See Docket No. 26.
Since that time, plaintiffs have been diligently trying to serve the summons and complaint upon defendant Ricardo De Leon, but have been unable to do so. Therefore, plaintiffs request that the court allow a third extension of time to serve defendant Ricardo De Leon for one month, by November 20, 2011.
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE
UNDERSIGNED COUNSEL FOR THE PARTIES HEREIN that the court extends the deadline to serve defendant Ricardo De Leon to November 20, 2011.
Respectfully Submitted,
LAW FOUNDATION OF SILICON VALLEY
FAIR HOUSING PROJECT
Jessica Fry
Attorney for Plaintiffs
BECKMAN BLAIR, LLP
Richard Beckman
Attorney for Defendants Clarito Realica, Elvira
Realica, Mark Realica, and Regina Ventura
ORDER
PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWING, IT IS SO ORDERED that the deadline to serve defendant Ricardo De Leon be extended to November 20, 2011.
U.S. MAGISTRATE JUDGE HOWARD L. LLOYD