American Payroll Outsourcing, Inc. v. Southeast Personnel Leasing, Inc. et al

Filing 9

STIPULATION and ORDER signed by Chief Judge Lawrence J. O'Neill on 2/23/2017. CASE TRANSFERRED to the U.S. District Court for the Central District of California, Southern Division. Defendants have up to and including 3/23/2017 to respond to complaint. CASE CLOSED.(Lundstrom, T). [Transferred from California Eastern on 2/24/2017.]

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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ROGER M. MANSUKHANI (SBN: 164463)
[e-mail]
ERIC R. DEITZ (SBN: 222565)
[e-mail]
CARRIE A. STRINGHAM (SBN: 272731)
[e-mail]
GORDON & REES LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SOUTHEAST PERSONNEL LEASING, INC.
Rafael G. Nendel-Flores CA Bar No. 223358
[e-mail]
Michael E. Olsen CA Bar No. 307358
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
695 Town Center Drive, Suite 1500
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
PACKARD CLAIMS ADMINISTRATION, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMERICAN PAYROLL
OUTSOURCING, INC. dba APO
STAFFING, INC., A NEVADA
CORPORATION,
Plaintiff.

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vs.

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SOUTHEAST PERSONNEL
LEASING, INC., A FLORIDA
CORPORATION, PACKARD
CLAIMS ADMINISTRATION, INC.,
A FLORIDA CORPORATION, AND
DOES 1 THRUGH 50,
Defendants

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) CASE NO.: 1:17-cv-00241-LJO-EPG
)
) STIPULATION BY ALL PARTIES
) TO:
)
(1) TO EXTEND TIME IN
)
WHICH TO RESPOND TO
)
PLAINTIFF’S COMPLAINT
)
PURSUANT TO LOCAL
)
RULE 144(a)
)
)
(2) STIPULATION TO
)
TRANSFER CASE TO
)
UNITED STATES
)
DISTRICT COURT
CENTRAL DISTRICT OF
)
CALIFORNIA, SOUTHERN
)
DIVISION PURSUANT TO
)
28 U.S.C. § 1404(b) AND
LOCAL RULE 120(f)

///
-1STIPULATION TO TRANSFER VENUE AND TO EXTEND TIME TO RESPOND TO COMPLAINT
CASE NO.: 1:17-cv-00241-LJO-EPG

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TO THE CLERK OF THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA, AND TO ALL

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PARTIES THROUGH THEIR COUNSEL OF RECORD HEREIN:

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Plaintiff AMERICAN PAYROLL OUTSOURCING, INC. DBA APO

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STAFFING, INC. (“APO”) and Defendants SOUTHEAST PERSONNEL

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LEASING, INC. (“SPLI”) and PACKARD CLAIMS ADMINISTRATION, INC.

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(“Packard”) (collectively the “Parties”), by and through their respective counsel of

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record, hereby agree and stipulate to the following:

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1.

On February 16, 2017, this case was timely and properly removed to

this Court by Defendants based on diversity of citizenship jurisdiction (28 U.S.C.

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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§§ 1332 and 1441(b).)

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2.

A response to the Complaint is due to be filed no later than seven days

after removal, or February 23, 2017.
3.

The Parties have met and conferred and agree the appropriate venue

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for this matter, based upon a forum selection provision in the governing contract,

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the interests of justice, and the convenience of the Parties, is the United States

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District Court for the Central District of California, Southern Division.

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4.

In accordance with 28 U.S.C. § 1404(b) and Local Rule 120(f) the

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Parties hereby agree and stipulate to transfer this case to the United States District

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Court for the Central District of California, Southern Division.

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5.

Given that a responsive pleading is due on or before February 23,

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2017, the Parties also agree and stipulate that Defendants be provided an initial

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extension of time of no more than 28 days to respond to the Complaint pursuant to

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Local Rule 144(a). Defendants’ responsive pleadings will therefore be due no later

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than March 23, 2017.

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6.

This one-time extension will allow sufficient time for the case to be

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transferred to the Central District, and will also allow the Parties an opportunity to

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attempt to resolve this matter prior to the time a responsive pleading is due.
-2STIPULATION TO TRANSFER VENUE AND TO EXTEND TIME TO RESPOND TO COMPLAINT
CASE NO.: 1:17-cv-00241-LJO-EPG

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7.

Good cause exists both as to the transfer of this matter, as well as the

extension of time for Defendants to respond to the Complaint as indicated above.
IT IS SO STIPULATED.
Dated: February 22, 2017

GORDON & REES LLP

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By:

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Roger M. Mansukhani
Eric R. Deitz
Carrie A. Stringham
Attorneys for Defendants
SOUTHEAST
PERSONNEL LEASING, a
Florida Corporation

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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DATED: February 23, 2017

OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

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By:

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Rafael G. Nendel-Flores
Michael E. Olsen

Attorneys for Defendant
PACKARD CLAIMS
ADMINISTRATION, INC.

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DATED: February 23, 2017

DOSS LEGAL SERVICES

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By:
Bryan S. Doss

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Attorneys for Plaintiff,
AMERICAN PAYROLL OUTSOURCING,
INC. DBA APO STAFFING

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-3STIPULATION TO TRANSFER VENUE AND TO EXTEND TIME TO RESPOND TO COMPLAINT
CASE NO.: 1:17-cv-00241-LJO-EPG

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GOOD CAUSE APPEARING, this case is hereby transferred to the United

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States District Court for the Central District of California, Southern Division.

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Defendants have up to and including March 23, 2017 to respond to the Complaint.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

February 23, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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Gordon & Rees LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071

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1132259/31760156v.1

-4STIPULATION TO TRANSFER VENUE AND TO EXTEND TIME TO RESPOND TO COMPLAINT
CASE NO.: 1:17-cv-00241-LJO-EPG