Credit Bureau Connection, Inc. v. Pardini, et al.

Filing 52

STIPULATION and ORDER extending time for defendants to respond to plaintiff's complaint. Order signed by Magistrate Judge Dennis L. Beck on 8/18/2010. (Hernandez, M)

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David A. Makman (SBN 178195) [e-mail] Law Offices of David A. Makman 90 New Montgomery Street, Suite 1600 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Randall M. Penner PENNER, BRADLEY & SIMONIAN 1171 West Shaw Avenue, Suite 102 Fresno, California 93711 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

WILLIAM PARDINI, AND B.T.B., INC.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION CREDIT BUREAU CONNECTION, INC., Plaintiff, v. WILLIAM PARDINI, B.T.B., INC., d.b.a. DATA CONSULTANTS, Defendants. CASE NO. 1:10-CV-01202-LJO-GSA STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT (LOCAL RULE 144) JURY TRIAL DEMANDED Judge: The Honorable Lawrence J. O'Neil Hearing: TBD Time: TBD Action Filed: July 1, 2010

STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT (LOCAL RULE 144)

CASE NO. 1:10-CV-01202-LJO-GSA CREDIT BUREAU CONNECTION V. PARDINI

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Pursuant to, and in accordance with, Local Rule 144, Plaintiff Credit Bureau Connection, Inc. ("CBC"), and Defendants William Pardini ("William Pardini") and B.T.B. Inc., d/b/a Data Consultants ("Data Consultants"), by and through their respective counsel, hereby stipulate to an extension of time ­ until Wednesday, August 18, 2010 ­ for Defendants William Pardini and B.T.B Inc., d/b/a Data Consultants (hereinafter, "Data Consultants") to file a response to Plaintiff's Complaint (Docket Entry (hereinafter, "D.E."), 1), which was filed on July 1, 2010. RECITALS 1. On July 1, 2010, Plaintiff CBC filed a Complaint alleging Breach of Fiduciary

Duty, Unfair Business Practices, Intentional and Negligent Interference with Existing and Prospective Economic Advantage, Conversion, Unjust Enrichment, Accounting, Injunctive Relief, Copyright Infringement, Breach of Contract, Declaratory Relief, and demanding a jury trial ("Complaint"). (D.E. 1). 2. On July 2, 2010, Plaintiff served the Summons and Complaint in this action on

Defendant William Pardini by personal service (D.E. 13). This service occurred at 5:47 pm. 3. On July 6, 2010, Plaintiff served the Summons and Complaint in this action on

Defendant Data Consultants by substituted service on Linda Spadler, a person who was allegedly "apparently in charge of the office, or place of business, at least 18 years of age, who was informed of the general nature of the papers." (D.E. 12). 4. On July 8, 2010, Defendants William Pardini and Data Consultants filed an

Opposition to Plaintiff's Ex Parte Application for a Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction ("Opposition"). (D.E. 16). 5. All parties who have appeared in this action and are affected thereby have

stipulated and agreed that Defendants William Pardini and Data Consultants' response to Plaintiff CBC's Complaint will be due no later than Wednesday, August 18, 2010, which is not more than the twenty eight (28) day "initial stipulation extending time" provided for in Local Rule 144(a), which can be filed without approval of the Court as long as the stipulation is signed on behalf of all parties who have appeared in the action and are affected by the stipulation.
STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT (LOCAL RULE 144)

CASE NO. 1:10-CV-01202-LJO-GSA CREDIT BUREAU CONNECTION V. PARDINI

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DEAC_Signature-END:

6.

On August 13, 2010, in a discussion with Magistrate Judge Beck, the parties

agreed to extend the time for Defendants to answer the complaint in order to allow more time to negotiate a proposal regarding separating the businesses. STIPULATION WHEREFORE, PREMISES CONSIDERED, and pursuant to and in accordance with Local Rule 144, Plaintiff CBC, and Defendants William Pardini and Data Consultants, by and through their respective counsel, hereby stipulate that the response of Defendants William Pardini and Data Consultants to Plaintiff CBC's Complaint will be due no later than Wednesday, September 1, 2010. Date: August 15, 2010 Respectfully submitted, By: ___/s/ David A. Makman_____________________ David A. Makman Attorney for Defendants WILLIAM PARDINI, and B.T.B. INC. By: ____/s/ Kristi Weiler Dean____________________ Kristi Weiler Dean Attorney for Plaintiff CREDIT BUREAU CONNECTION, INC.

IT IS SO ORDERED. Dated:

August 18, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE

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STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT (LOCAL RULE 144)

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CASE NO. 1:10-CV-01202-LJO-GSA CREDIT BUREAU CONNECTION V. PARDINI