Free Motion for Extension of Time to File Answer - District Court of California - California

Case 3:08-cv-00471-JAH-LSP

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Filed 05/12/2008

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William J. Freed, Esq. SB #144829 WALWICK & FREED 815 Civic Center Drive Oceanside CA 92054 (760) 722-4221 Attorney for Serler, Inc., dba Subway #31595

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

BARBARA HUBBARD, Plaintiff, vs. C.V. CENTER, INC.; JAMBA JUICE COMPANY dba JAMBA JUICE #603; CASUAL DINING SERVICES, INC., dba PIZZERIA UNO; MERVYN'S LLC; STARBUCKS CORPORATION, dba STARBUCKS COFFEE #6632; J.C. PENNEY COMPANY, dba JCPENNEY #1274; SERLER, INC., dba SUBWAY #31595; MANNA DEVELOPMENT GROUP, LLC, dba PANERA BREAD CAFÉ #4284, Defendants, ___________________________________

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CASE NO. 08CV471 JAH(LSP) Honorable John A. Houston JOINT MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING

Pursuant to Fed. R. Civ P. 6(b), the Court has the authority to extend the time required to respond to a complaint. Defendant Serler, Inc., dba Subway #31595 ("Defendant") was personally served 20 days ago and has been seeking legal counsel to represent him and has been investigating the factual allegations contained in the 71 page Complaint that alleges inter alia, non-compliance with various parts of the Americans with Disabilities Act. Defendant has just retained counsel, Walwick & Freed, and counsel needs time to review the facts and allegations in order to prepare a 1
JOINT M OTION FOR EXTENSION OF TIM E TO FILE RESPONSIVE PLEADING 08cv471JAH(LSP)

Case 3:08-cv-00471-JAH-LSP

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Filed 05/12/2008

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proper response. Defendant requires additional time to review the Complaint in order to respond to the allegations. Defendant Serler, Inc. and Plaintiff, Barbara Hubbard ("Plaintiff") have agreed to extend Defendant's time to respond to the Complaint for 14 days, to and including May 26, 2008. The parties agree that the extension is not sought for the purpose of improper delay, and will not prejudice Plaintiff. The extension will also conserve the Court's and the parties resources. Accordingly, the parties believe that good cause exists for granting the extension. The parties hereby jointly move for an order extending the time for Defendant to file its response to Plaintiff's Complaint. The parties jointly request that the deadline for filing Defendant's First Responsive pleading be extended from 5-12-08 to 5-26-08. This is the first request for an extension. Good cause exists for granting an extension and the Court is respectfully requested to grant this request. Dated: May 12, 2008 WALWICK & FREED A Professional Law Corporation /s/ William J. Freed By:________________________________ William J. Freed, attorney for E-Mail: [email protected] Defendant, SERLER, INC., dba Subway #31595

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DISABLED ADVOCACY GROUP, APLC /s/ Lynn Hubbard, III By:________________________________ Lynn Hubbard, III E-mail: [email protected] Attorney for Plaintiff, BARBARA HUBBARD

JOINT M OTION FOR EXTENSION OF TIM E TO FILE RESPONSIVE PLEADING 08cv471JAH(LSP)