Tull v. Higgins, No. 4:2021cv01566 - Document 57 (N.D. Cal. 2022)

Court Description: ORDER granting 56 Stipulation to further extend deadline to file First Amended Complaint: Plaintiff shall have through and including 5/6/2022 to file a stipulation for dismissal or First Amended Complaint. Signed by Magistrate Judge Donna M. Ryu on 4/6/2022. (ig, COURT STAFF) (Filed on 4/6/2022) .

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Tull v. Higgins Doc. 57 1 2 3 4 5 6 7 8 GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP JACQUELINE G. VEIT*, NY BAR NO. 2342780 jveit@golenbock.com 711 Third Avenue New York, NY 10017 (212) 907-7300; (212) 754-0777 (Fax) *Appearing Pro Hac Vice NEWMEYER & DILLION LLP MICHAEL B. MCCLELLAN, CBN 241570 Michael.McClellan@ndlf.com C. KENDIE SCHLECHT, CBN 190978 Kendie.Schlecht@ndlf.com 895 Dove Street, Fifth Floor Newport Beach, California 92660 (949) 854-7000; (949) 854-7099 (Fax) 9 10 Attorneys for Plaintiff, JASHA TULL 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 JASHA TULL, an individual, CASE NO.: 4:21-cv-01566-DMR ASSIGNED TO: Magistrate Judge Donna M. Ryu Plaintiff, 16 17 vs. 18 MICHAELA HIGGINS aka CAELI LA, an individual; and DOES 1 through 10 inclusive, 19 Defendants. 20 STIPULATION AND ORDER FURTHER EXTENDING DEADLINE TO FILE FIRST AMENDED COMPLAINT FILE DATE: TRIAL DATE SET: March 5, 2021 No Date Set 21 22 23 STIPULATION 24 25 26 27 28 WHEREAS, on March 5, 2021, Plaintiff Jasha Tull (“Plaintiff”) filed his complaint in this action (Dkt. 1); WHEREAS, on April 28, 2021, Defendant Michaela Higgins filed a motion to dismiss and motion to strike the complaint (“Motions”) (Dkt.24 and 25); 5196.101 / 9761543.1 STIP. RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01566-DMR 4001244.1 Dockets.Justia.com 1 WHEREAS, on December 27, 2021, the Court issued an Order on Motions to Dismiss and 2 Motions to Strike (“Order”) which granted in part and denied in part the Motions with leave to 3 amend and further ordered that Plaintiff shall file an amended complaint within 14 days of the 4 Court’s Order (Dkt. 40); 5 WHEREAS, on January 7, 2022, this Court approved the parties’ joint request for an 6 extension to file a first amended complaint and issued an Order extending the deadline for 7 Plaintiff to file an amended complaint until January 24, 2022 (Dkt. 44); 8 9 10 11 WHEREAS, on January 6, 2022, Plaintiff’s counsel filed their Notice of Withdrawal and Substitution of Counsel (Dkt. 42) and on January 20, 2022, the Court issued an order granting pro hac vice admission to Plaintiff’s counsel Jacqueline Veit (Dkt. 47); WHEREAS, on January 21, 2022, the parties submitted a Stipulation and Order Extending 12 Deadline to File First Amended Complaint (Dkt. 48) requesting a further extension of 30 days to 13 file an amended complaint, which was approved by the Court, thereby extending the deadline for 14 Plaintiff to file an amended complaint until February 23, 2022 (Dkt. 49); 15 WHEREAS, on February 18, 2022, the parties submitted a Stipulation and Order 16 Extending Deadline to File First Amended Complaint (Dkt. 50), advising the Court that the 17 parties are actively engaged in settlement discussions and progress has been made but certain 18 complicated issues exist that remain to be addressed, which was approved by the Court, thereby 19 extending the deadline for Plaintiff to file an amended complaint until March 18, 2022 (Dkt. 51); 20 WHEREAS, on March 18, 2022, the parties submitted a Stipulation and Order Extending 21 Deadline to File First Amended Complaint (Dkt. 52), advising the Court that the parties have 22 continued settlement efforts and are close to settlement and have exchanged initial settlement 23 documents, which was approved by the Court, thereby extending the deadline for Plaintiff to file 24 an amended complaint until March 30, 2022 (Dkt. 53); 25 WHEREAS, on March 30, 2022, the parties submitted a Stipulation and Order Extending 26 Deadline to File First Amended Complaint (Dkt. 54), advising the Court that the parties have not 27 yet finalized settlement documents but continue to work toward that goal, which was approved by 28 5196.101 / 9761543.1 4001244.1 -2- STIP. RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01566-DMR 1 the Court, thereby extending the deadline for Plaintiff to file an amended complaint until April 6, 2 2022 (Dkt. 55); 3 WHEREAS, the parties have reached a settlement and executed a settlement agreement, 4 and are in the process of effecting certain conditions provided in the settlement agreement before 5 a dismissal of this action may be sought; 6 7 8 9 10 WHEREAS, the parties anticipate that settlement conditions will be fulfilled and the parties will be able to submit a stipulation for dismissal in a few weeks; and WHEREAS, the parties respectfully request that the Court grant 30 days for the parties to either file a stipulation for dismissal or for Plaintiff to file a first amended complaint. NOW THEREFORE, the parties, by and through their undersigned attorneys, hereby 11 stipulate and agree that the parties shall have an additional 30 days, through and including May 6, 12 2022, to file a stipulation for dismissal or for Plaintiff to file a first amended complaint. 13 14 Dated: April 6, 2022 GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP 15 By: /s/ Jacqueline G. Veit Jacqueline G. Veit* *Appearing Pro Hac Vice Attorneys for Plaintiff, JASHA TULL 16 17 18 19 Dated: April 6, 2022 20 NEWMEYER & DILLION LLP By: /s/ C. Kendie Schlecht Michael B. McClellan C. Kendie Schlecht Co-Counsel for Plaintiff, JASHA TULL 21 22 23 24 25 26 27 28 5196.101 / 9761543.1 4001244.1 -3- STIP. RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01566-DMR 1 Dated: April 6, 2022 GREENBERG GROSS LLP 2 By: /s/ Deborah Susan Mallgrave Deborah Susan Mallgrave Attorney for Defendant MICHAELA HIGGINS 3 4 5 Dated: April 6, 2022 GIBBS LAW GROUP LLP 6 By: 7 8 /s/ Karen Barth Menzies Karen Barth Menzies Co-counsel for Defendant MICHAELA HIGGINS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5196.101 / 9761543.1 4001244.1 -4- STIP. RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01566-DMR 1 5 NO 6 RT 7 DERED O OR IT IS S onna M Judge D . Ryu R NIA S DATED: ______________ April 6, 2022 H LI ___________________________ Hon.E Donna M. Ryu UnitedR N States Magistrate JudgeC 8 A 4 RT U O 3 ISTRIC ES D TC T TA FO Pursuant to Stipulation, it is SO ORDERED. UNIT ED 2 ORDER F D IS T IC T O R 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5196.101 / 9761543.1 4001244.1 -5- STIP. RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01566-DMR 1 2 FILER ATTESTATION In accordance of Civil L.R. 5-1(h)(3), I hereby attest that each of the other Signatories 3 have concurred in the filing of this document, which shall serve in lieu of their signatures on the 4 document. I declare under penalty of perjury under the laws of the United States of America and 5 the State of California that the foregoing is true and correct. Executed on this 6th day of April, 6 2022 at Irvine, California. 7 ___/s/ C. Kendie Schlecht_______ C. Kendie Schlecht 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5196.101 / 9761543.1 4001244.1 -6- STIP. RE DEADLINE TO FILE AMENDED COMPLAINT; ORDER 4:21-CV-01566-DMR

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