Opinion
CASE NO. CV-11-1371-EMC
10-19-2011
CRAIG YATES, an individual, Plaintiff, v. HOME PLATE CAFÉ; NICHOLAS W. JOHNSON and TERRI PIPER-JOHNSON, CO-TRUSTEES of the NICK JOHNSON and TERRI PIPER-JOHNSON, 2005 TRUST, UAD OCTOBER 17, 2005; REBECCA FISHER STORY and WALLACE L. AMUNDSON, TRUSTEES of the REBECCA C. FISHER TRUST dated OCTOBER 17, 2005; MATTHEW HOWELL; JAMES AGAPOFF JR.; MARY PEGEEN CARDOZA, an individual dba HOME PLATE CAFE and OLIVER DYER-BENNETT, Defendants.
GAIL F. FLATT PROVENCHER & FLATT LLP Gail F.Platt Attorneys for Defendant MARY PEOEEN CARDOZA, an individual dba HOME PLATE CAFÉ CRIS C. VAUGHAH VAUGHAN & ASSOCIATES Cris c. Vaughan Attorneys for Defendant NICHOLAS W. JOHNSON .and TERRI PIPER-JOHNSON, CO-TRUSTEES of the NICK. JOHNSON and TBRR1 PIPER-JOHNSGN, ZOOS TRUST, UAD OCTOBER 17, 2005; REBECCA FISHER STORY and WALLACE L. AMUNDSON, TRUSTEES of the REBBCCA C. FISHER TRUST dated OCTOBER 17, 2005; and OLIVER DYER-BENNETT
THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy., Suite 300
San Rafael, CA 94903
Telephone: 415/674-8600
Facsimile: 415/674-9900
Attorneys for Plaintiff CRAIG YATES
STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE FOR
THE PARTIES TO CONDUCT THE JOINT
SITE INSPECTION
Plaintiff CRAIG YATES, an individual and Defendants NICHOLAS W. JOHNSON and TERRI PIPER-JOHNSON, CO-TRUSTEES of the NICK JOHNSON and TERRI PIPER-JOHNSON, 2005 TRUST, UAD OCTOBER 17, 2005; REBECCA FISHER STORY and WALLACE L. AMUNDSON, TRUSTEES of the REBECCA C. FISHER TRUST dated OCTOBER 17, 2005; MARY PEGEEN CARDOZA, an individual dba HOME PLATE CAFE; and OLIVER DYER-BENNETT, by and through the parties respective counsel in the above-mentioned case respectfully request and hereby make the following stipulation:
1. WHEREAS, plaintiff CRAIG YATES attempted and requested the General Order 56 joint site inspection as ordered by the court to be conducted on October 5, 2011; and
2. WHEREAS, prior to the reassignment of this case, plaintiff's counsel Thomas E. Frankovich committed to moving a portion of his office and his primary residence to Mazatlan, Mexico and will be out of the country October 17, 2011 through November 2, 2011 and December 19, 2011 through January 2, 2012; and
3. WHEREAS, due to scheduling conflicts and the above-mentioned circumstances, the parties were unable to conduct the joint site inspection; and
4. WHEREAS, the parties are currently scheduled to conduct the joint site inspection of the subject premises on Wednesday, December 7, 2011; and
5. WHEREAS, the parties, hereto agree, stipulate and respectfully request that the last day for the parties and counsel to conduct the joint inspection of the premises be continued up to and including December 15, 2011.
IT IS STIPULATED.
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
By: Thomas E. Frankovich
Attorney for Plaintiff CRAIG YATES
GAIL F. FLATT
PROVENCHER & FLATT LLP
Gail F.Platt
Attorneys for Defendant MARY PEOEEN CARDOZA, an
individual dba HOME PLATE CAFÉ
CRIS C. VAUGHAH
VAUGHAN & ASSOCIATES
By ______________
Cris c. Vaughan
Attorneys for Defendant NICHOLAS W. JOHNSON .and
TERRI PIPER-JOHNSON, CO-TRUSTEES of the NICK.
JOHNSON and TBRR1 PIPER-JOHNSGN, ZOOS TRUST,
UAD OCTOBER 17, 2005; REBECCA FISHER STORY
and WALLACE L. AMUNDSON, TRUSTEES of the
REBBCCA C. FISHER TRUST dated OCTOBER 17,
2005; and OLIVER DYER-BENNETT
ORDER
IT 15 SO ORDERED that the last day for the parties and counsel conduct the General Order (56) joint inspection of the premises he continued up to and including
Honorable Edward M. Chen
United States District Judge
GAIL F. FLATT,
PROVENCHER & FLATT LLP
By:________
Gail F. Flan
Attorneys for Defendant MARY PEGEEN CARDOZA, an
individual dba HOME PLATE CAFÉ
CRIS C. VAUGHAH
VAUGHAN & ASSOCIATES
By ______________
Cris c. Vaughan
Attorneys for Defendant NICHOLAS W. JOHNSON .and
TERRI PIPER-JOHNSON, CO-TRUSTEES of the NICK.
JOHNSON and TBRR1 PIPER-JOHNSGN, ZOOS TRUST,
UAD OCTOBER 17, 2005; REBECCA FISHER STORY
and WALLACE L. AMUNDSON, TRUSTEES of the
REBBCCA C. FISHER TRUST dated OCTOBER 17,
2005; and OLIVER DYER-BENNETT
ORDER
IT 15 SO ORDERED that the last day for the parties and counsel conduct the General Order (56) joint inspection of the premises he continued up to and including December 15, 2011.