Opinion
Case No.: C09-5499 RS
10-25-2011
ARISTEO RIOS, Plaintiff, v. J.R. WEST, INC. dba JOHNNY ROCKETS, DOES 1-10 Defendant
Adam Wang Attorney for Plaintiff DILLINGHAM & MURPHY, LLP Theresa M. Toro Attorney for Defendant
ADAM WANG, Bar No. 201233
LAW OFFICES OF ADAM WANG
12 South First Street, Suite 708
San Jose, CA 95113
Tel: (408) 844-4010
Fax: (408) 416-0248
Attorney for Plaintiff
THERESA M. TORO, Bar No. 271022
Dillingham & Murphy, LLP
225 Bush Street, Sixth Floor
San Francisco, California 94104
Attorneys for Defendant
STIPULATION TO CONTINUE THE
DEADLINE TO FILE RENEWED MOTION
FOR DEFAULT JUDGMENT
Parties through their respective counsel, stipulate as follows :
1. On May 12, 2011, a default was entered against Defendant. Docket No. 26.
2. On July 27, 2011, Plaintiff filed his Motion for Default Judgment. Docket No. 29. On September 9, 2011, this Court denied Plaintiff's Motion for Default Judgment without prejudice, setting October 24, 2011 as the deadline for Plaintiff to file a renewed motion for default judgment.
3. Recently, Defendant through its counsel, contacted Plaintiff's counsel, seeking to set aside the default entered in this case. While Plaintiff did not agree to set aside the default, Plaintiff is willing to negotiate a settlement before moving to obtain a judgment. Defendant agrees to engage in settlement negotiations with Plaintiff at this stage.
4. As such, parties, through their respective counsel, hereby stipulate that the deadline set by the Court for Plaintiff to file his motion for default judgment be continued.
By: Adam Wang
Attorney for Plaintiff
DILLINGHAM & MURPHY, LLP
By: Theresa M. Toro
Attorney for Defendant
[PROPOSED] ORDER
Pursuant to parties' stipulation, IT IS HEREBY ORDERED that the deadline for Plaintiff to file a renewed motion for default judgment is hereby continued. The Case Management Conference currently set for December 1, 2011 remains on calendar. Parties should file their joint case management statement 7 days prior to the scheduled case management conference.
IT IS SO ORDERED.
By: RICHARD SEEBORG
United States District Court Judge