Opinion
CASE NO. 2:11-CV-01868-WBS-CMK
10-24-2011
YREKA WESTERN RAILROAD COMPANY, Plaintiff, v. EDWARD A. TAVARES, ROSEMARY T. TAVARES, PLM LENDER SERVICES, INC., Defendants.
DAVID E. FRANK (SBN 125122) LORI J. GUALCO (SBN 95232) FRANK LAW GROUP, P.C. Attorneys for Defendants EDWARD A. AND ROSEMARY T. TAVARES MICHAEL COGAN (SBN 65479) Attorney at Law Attorneys for Plaintiff YREKA WESTERN RAILROAD COMPANY
DAVID E. FRANK (SBN 125122)
LORI J. GUALCO (SBN 95232)
FRANK LAW GROUP, P.C.
Attorneys for Defendants
EDWARD A. AND ROSEMARY T. TAVARES
MICHAEL COGAN (SBN 65479)
Attorney at Law
Attorneys for Plaintiff
YREKA WESTERN RAILROAD COMPANY
FOURTH STIPULATION EXTENDING TIME FOR TAVARES DEFENDANTS AND PLAINTIFF TO FILE
RESPONSIVE PLEADINGS, CONTINUING THE HEARING DATE ON PRELIMINARY INJUNCTION,
CONTINUING THE SCHEDULING CONFERENCE, AND SCHEDULING A SETTLEMENT CONFERENCE
IT IS HEREBY STIPULATED BETWEEN THE PARTIES, by and through their respective counsel, as follows:
1. The summons and complaint were served on Edward A. Tavares and Rosemary T. Tavares ("Tavares Defendants") on or about July 27, 2011, thereby requiring a responsive pleading to be filed by August 17, 2011.
2. On August 31, 2011, the Court entered a Second Stipulation Extending Time for Tavares Defendants to File Responsive Pleading and Order Thereon extending the due date for a responsive pleading to September 16, 2011.
3. The parties are continuing to conduct confidential settlement negotiations and want to extend the time for a responsive pleading to be due for the Tavares Defendants.
4. Based on a Third Stipulation Extending Time for Tavares Defendants to File Responsive Pleading and Order Thereon, the Court extended the due date for the Tavares responsive pleading to be filed to and including October 24, 2011.
5. Plaintiff and Tavares Defendants hereby agree to extend the due date for the Tavares responsive pleading to be filed on November 21, 2011.
6. Plaintiff and Tavares Defendants agree to continue the hearing on the Order on Plaintiff's Motion for Preliminary Injunction (Docket No. 8) and Plaintiff's Ex Parte for TRO re Preliminary Injunction (Docket No. 11) from November 7, 2011 to December 5, 2011 at 2:00 p.m. to be held in Courtroom 5 (14th Floor) before Judge William B. Shubb, with Defendants' Opposition papers to be filed and served no later than November 14, 2011 and Plaintiff's Reply papers to be filed and served no later than November 21, 2011.
7. Plaintiff and Tavares Defendants agree to conduct a settlement conference with Magistrate Judge Gregory G. Hollows, at 1:30 p.m. on Wednesday, November 9, 2011 in Magistrate Judge Hollow's chambers, with the required appearance of counsel and the parties with full authority to settle.
8. Plaintiff and Tavares Defendants agree that the Status (Pretrial Scheduling) Conference scheduled for October 31, 2011 at 2:00 p.m. be continued to January 9, 2012 at 2:00 p.m. to be held in Courtroom 5 (14th Floor) before Judge William B. Shubb.
9. Plaintiff and Tavares Defendants agree the Temporary Restraining Order shall remain in effect until the next hearing on November 28, 2011.
FRANK LAW GROUP, P.C.
By LORI J. GUALCO
Attorneys for Defendants EDWARD A. TAVARES
AND ROSEMARY T. TAVARES
MICHAEL COGAN
Attorney for Plaintiff YREKA WESTERN
RAILROAD COMPANY
ORDER
Based on the above Stipulation, IT IS SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE