Opinion
CASE NO. 2:11-CV-02182-JAM-EFB
10-17-2011
JANET MARTINO, Plaintiff, v. CITY OF BENICIA; BOB'S TOWING SERVICE, INC.; DARLENE JALONEK and DOES 1 to 50, Defendants.
David R. Olick Attorneys for Plaintiff JANET MARTINO SELMAN BREITMAN LLP Danielle K. Lewis GREGG A. THORNTON DANIELLE K. LEWIS Attorneys for Defendants CITY OF BENICIA and DARLENE JALONEK SMITH & BURSTEIN JACK BURSTEIN Attorneys for Defendant BOB'S TOW SERVICE
GREGG A. THORNTON (SBN 14 6282)
DANIELLE K. LEWIS (SBN 218274)
SELMAN BREITMAN LLP
Attorneys for Defendants
CITY OF BENICIA AND DARLENE
JALONEK
STIPULATED REQUEST FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT; AND ORDER THEREON
The parties, by and through their respective attorneys, submit this stipulated request for an extension of time to file the Joint Status Report required by this court's order of August 17, 2011.
Pursuant to the court's order, the parties' Joint Status Report is due within sixty (60) days of service of the complaint on any party, or from the date of removal. In this matter, defendants filed a notice of removal on August 17, 2011. As such, the parties' Joint Status Report is currently due on October 17, 2011.
The pleadings in this matter are not yet at issue. First, plaintiff's Motion to Remand Action, which defendants have opposed, is set for hearing before the court on October 19, 2011. Next, pursuant to the court's order, defendants CITY OF BENICIA and DARLENE JALONEK's Motion to Dismiss Plaintiff's First Amended Complaint is set for hearing on November 2, 2011. (DOC #23)
In light of the uncertainty of the pleadings, the parties are unable to meaningfully meet and confer regarding future amendment of pleadings, anticipated motions, anticipated discovery, future proceedings, estimate regarding trial time, pretrial procedures or the appropriateness of a settlement conference.
Therefore, the parties request that the court extend the time by which the parties must submit a Joint Status Report until November 30, 2011, or any date thereafter that the court deems appropriate.
It is so stipulated:
By: David R. Olick
Attorneys for Plaintiff
JANET MARTINO
SELMAN BREITMAN LLP
By: Danielle K. Lewis
GREGG A. THORNTON
DANIELLE K. LEWIS
Attorneys for Defendants
CITY OF BENICIA and
DARLENE JALONEK
SMITH & BURSTEIN
By: JACK BURSTEIN
Attorneys for Defendant
BOB'S TOW SERVICE
ORDER
Pursuant to the parties' stipulation, the court hereby orders that the parties submit a joint status report on November 30, 2011. The contents of the joint status report shall be in conformance with this court's order of August 17, 2011.
IT IS SO ORDERED.
Hon. John A. Mendez
United States District Judge
Eastern District of California