MP Nexlevel of CA, Inc. v. CVIN, LLC, et al.

Filing 86

STIPULATION and ORDER for Extension of Time to File Responsive Pleading to Second Amended Complaint, signed by Magistrate Judge Gary S. Austin on 8/11/2014. (Kusamura, W)

1 DOWLING AARON INCORPORATED
David J. Weiland (State Bar No. 160447)
2 [e-mail]
Steven D. McGee (State Bar No. 71886)
3 [e-mail]
Matthew R. Dildine (SBN 258685)
4 [e-mail]
8080 North Palm Avenue, Third Floor
5 Fresno, CA 93729-8902
Telephone:
559-432-4500
559-432-4590
6 Facsimile:
7 RUTAN & TUCKER, LLP
William T. Eliopoulos (State Bar No. 100633)
8 [e-mail]
Kaveh Badiei (State Bar No. 215179)
9 [e-mail]
Five Palo Alto Square
10 3000 El Camino Real, Suite 200
Palo Alto, CA 94306-9814
650-320-1500
11 Telephone:
Facsimile:
650-320-9905
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Attorneys for Defendant
13 CVIN, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

17 MP NEXLEVEL OF CALIFORNIA, INC.,
Plaintiff,

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vs.
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Case No. 1:14-cv-00288
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING TO SECOND
AMENDED COMPLAINT

CVIN, LLC dba VAST NETWORKS;
20 CALAVERAS COMMUNICATIONS
COMPANY; SEBASTIAN ENTERPRISES,
Date Action Filed: February 21, 2014
Trial Date:
None Set
21 INC.; VOLCANO COMMUNICATIONS
COMPANY; STAGELINE
22 COMMUNICATIONS, INC.; THE
PONDEROSA TELEPHONE COMPANY;
23 SIERRA TEL COMMUNICATIONS GROUP;
VARNET, INC.; CAL-ORE TELEPHONE
24 CO.; DUCOR TELEPHONE COMPANY;
CONSOLIDATED COMMUNICATIONS
25 HOLDINGS, INC.; THE CORPORATION
FOR EDUCATION NETWORK
26 INITIATIVES IN CALIFORNIA; and DOES 1
to 100,
Defendants.
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174/031672-0001
7352243.1 a08/11/14

STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING TO SECOND AMENDED COMPLAINT

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WHEREAS, plaintiff MP Nexlevel of California, Inc. (“Plaintiff”) brought this action

2 against defendant CVIN, LLC (“CVIN”) and others;
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WHEREAS, following order of the Court, Plaintiff filed and served its Second Amended

4 Complaint in this action on July 25, 2014;
5

WHEREAS, CVIN requires an extension of time to prepare and file its answer to

6 Plaintiff’s Second Amended Complaint and intends to file a counterclaim with its answer, and
7 Plaintiff has agreed to an extension until August 26, 2014;
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IT IS HEREBY STIPULATED, by and between Plaintiff and CVIN, through their

9 undersigned attorneys, that CVIN shall have an extension of time to file and serve its answer and
10 counterclaim to the Second Amended Complaint up through and including August 26, 2014.
11

IT IS SO STIPULATED.

12 Dated: August 11, 2014

RUTAN & TUCKER, LLP

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By: /s/ William Eliopoulos
William T. Eliopoulos
Attorneys for Defendant
CVIN, LLC

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17 Dated: August 11, 2014
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WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER LLP

By: Ben Patrick /S/ (as authorized on 8/8/14)
Ben Patrick
Attorneys for Plaintiff
MP NEXLEVEL OF CALIFORNIA, INC.

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-1174/031672-0001
7352243.1 a08/11/14

STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING TO SECOND AMENDED COMPLAINT

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ORDER

2

Pursuant to the parties’ stipulation outlined above, IT IS HEREBY ORDERED that

3 defendant CVIN, LLC shall have an extension of time to file an answer and counterclaim to
4 Plaintiff’s Second Amended Complaint so that said pleadings are filed and served on or before
5 August 26, 2014.
6
7 IT IS SO ORDERED.
8

Dated:

August 11, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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174/031672-0001
7352243.1 a08/11/14

STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADINGS TO SECOND AMENDED COMPLAINT