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Espino v. Winn Residential Housing, 4:18-CV-02729 TSH (KAW). (2019)

Court: District Court, N.D. California Number: infdco20190613786 Visitors: 9
Filed: Jun. 07, 2019
Latest Update: Jun. 07, 2019
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING STATUTE OF LIMITATIONS AND TIME TO FILE THIRD AMENDED COMPLAINT THOMAS S. HIXSON , Magistrate Judge . Plaintiff MINNIE ESPINO ("Plaintiff") and Defendant's WINN RESIDENTIAL HOUSING, SAN PABLO HOUSING INVESTORS, TELACU HOMES, INC. aka TELACU RESIDENTIAL MANAGEMENT, PATRICK APPLEBY, KEVIN GRANTI, and ESTHER IOANE ("Defendants") by and through their counsel of record herein, hereby stipulate and agree as follows: 1. WHEREAS the parties hereto e
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STIPULATION AND [PROPOSED] ORDER EXTENDING STATUTE OF LIMITATIONS AND TIME TO FILE THIRD AMENDED COMPLAINT

Plaintiff MINNIE ESPINO ("Plaintiff") and Defendant's WINN RESIDENTIAL HOUSING, SAN PABLO HOUSING INVESTORS, TELACU HOMES, INC. aka TELACU RESIDENTIAL MANAGEMENT, PATRICK APPLEBY, KEVIN GRANTI, and ESTHER IOANE ("Defendants") by and through their counsel of record herein, hereby stipulate and agree as follows:

1. WHEREAS the parties hereto engaged in judicially supervised Settlement Conference on May 17, 2019, before the Hon. Magistrate Judge Kandis A. Westmore; and

2. WHEREAS there are certain disputed factual issues that limited informal discovery may resolve without further depositions or further written discovery; and

3. WHEREAS the Court's deadline for Plaintiff to Seek Leave to Amend the Pleadings pursuant to the Court's Case Management Scheduling Order (Docket #36) sets July 1, 2019 as the deadline; and

4. WHEREAS should the matter not resolve with the assistance of Judge Westmore Plaintiff intends to file a Third Amended Complaint including a separate cause of action and/or claim for violation of the Fair Housing Act (42 USC §3604) for discrimination which statute arguably runs as early as June 8, 2019, and/or to add a cause of action for intentional tort, and/or to provide further clarifying allegations to the causes of action already pled in the Second Amended Complaint; and

5. WHEREAS the parties desire to continue their settlement discussions without further motions or pleadings in an attempt to resolve this matter and therefore Defendants have agreed to extend any and all applicable statute of limitations for any and all causes of action (including a FHA or intentional tort claim) to and including August 1, 2019, with all other aspects of the Court's Case Management Scheduling Order (Docket #36) to remain in effect.

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that any and all statutes of limitations as set forth in paragraphs 4 and 5 above are hereby extended to and including August 1, 2019, and the Court agrees to amend the Court's Case Management Scheduling Order (Docket #36) to set the deadline for Plaintiff to Seek Leave to Amend the Pleadings to and including August 1, 2019.

Dated: May 23, 2019 LAW OFFICES OF MICHAEL C. COHEN By ________________________________ Stephen J. Purtill Attorneys for Plaintiff MINNIE ESPINO May 29, 2019 PAHL & McCAY By ________________________________ Attorneys for Defendants WINN RESIDENTIAL, ET AL. May 31, 2019 MORROW and WHITE By ________________________________ William J. Penisten Attorneys for Defendants TELECU HOMES, INC., ET AL.

IT IS SO ORDERED.

Source:  Leagle

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