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

Filing 88

STIPULATION and ORDER GRANTING the parties' request for an extension of time to 8/22/2014 in which defendants Calaveras Communications Company, Sebastian Enterprises, Inc., Volcano Communications Company, Stageline Communications, Inc., The Pond erosa Telephone Company, Sierra Tel Communications Group, Varnet, Inc., Cal-Ore Telephone Co., Ducor Telephone Company, and Consolidated Communications Holdings, Inc., may respond to plaintiff's second amended complaint. Order signed by Magistrate Judge Gary S. Austin on 8/12/2014. (Rooney, M)

1
2
3
4
5
6
7

8
9
10
11

DEAN A. MOREHOUS (SBN #111841)
CRAIG C. CROCKETT (SBN #265161)
NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP
555 Mission Street, Thirty-Fourth Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
CALAVERAS COMMUNICATIONS COMPANY,
SEBASTIAN ENTERPRISES, INC.,
VOLCANO COMMUNICATIONS COMPANY,
STAGELINE COMMUNICATIONS, INC.,
THE PONDEROSA TELEPHONE COMPANY,
SIERRA TEL COMMUNICATIONS GROUP,
VARNET, INC., CAL-ORE TELEPHONE CO.,
DUCOR TELEPHONE COMPANY and
CONSOLIDATED COMMUNICATIONS HOLDINGS, INC.

12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15
16

MP MEXLEVEL OF CALIFORNIA, INC.,

17
18
19
20
21
22
23
24
25
26
27

Plaintiff,
v.
CVIN, LLC dba VAST NETWORKS,
CALAVERAS COMMUNICATIONS
COMPANY, SEBASTIAN ENTERPRISES,
INC., VOLCANO COMMUNICATIONS
COMPANY, STAGELINE
COMMUNICATIONS, INC., THE
PONDEROSA TELEPHONE COMPANY,
SIERRA TEL COMMUNICATIONS GROUP,
VARNET, INC., CAL-ORE TELEPHONE
CO., DUCOR TELEPHONE COMPANY,
CONSOLIDATED COMMUNICATIONS
HOLDINGS, INC., THE CORPORATION
FOR EDUCATION NETWORK INITIATIVES
IN CALIFORNIA, and DOES 1 to 500,

Case No. 1:14-cv-00288 LJO GSA
STIPULATION AND ORDER FOR
EXTENSION OF TIME FOR MEMBER
DEFENDANTS TO FILE RESPONSIVE
PLEADING TO SECOND AMENDED
COMPLAINT
[Local Rule 144]
Original response date: August 14, 2014
Proposed extension:
August 22, 2014
Complaint Filed: Feb. 28, 2014
Trial Date: Not Set

Defendants.

28
STIPULATION AND ORDER FOR EXTENSION OF TIME FOR MEMBER DEFENDANTS TO FILE
RESPONSIVE PLEADING TO SECOND AMENDED COMPLAINT

1

Defendants CALAVERAS COMMUNICATIONS COMPANY, SEBASTIAN

2

ENTERPRISES INC., VOLCANO COMMUNICATIONS COMPANY, STAGELINE

3

COMMUNICATIONS, INC., THE PONDEROSA TELEPHONE COMPANY, SIERRA TEL

4

COMMUNICATIONS GROUP, VARNET, INC., CAL-ORE TELEPHONE CO., DUCOR

5

TELEPHONE COMPANY and CONSOLIDATED COMMUNICATIONS HOLDINGS, INC.,

6

(collectively the “Member Defendants”) and plaintiff MP Nexleve1 of California, Inc. (“Plaintiff”)

7

stipulate as follows:

8
9
10
11
12
13
14

15

WHEREAS, following order of the Court (Doc. 83), Plaintiff filed and served its Second
Amended Complaint in this action on July 25, 2014 (Doc. 84);
WHEREAS, Member Defendants’ response to the Second Amended Complaint is currently
due by August 14, 2014;
WHEREAS, Member Defendants require an extension of time to prepare and file their
response to Plaintiff’s Second Amended Complaint;
WHEREAS, Member Defendants have not received any prior extensions to respond to the
Second Amended Complaint; and

16

WHEREAS, Plaintiff has agreed to an extension until August 22, 2014;

17

IT IS HEREBY STIPULATED, by and between Plaintiff and Member Defendants, through

18

their undersigned attorneys, that Member Defendants’ time to respond to the Second Amended

19

Complaint is extended up through and including August 22, 2014.

20

IT IS SO STIPULATED.

21
22
23
24
25
26

Dated: August 11, 2014

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By:

/s/ Ben Patrick (as authorized on 8/11/2014)
Ben Patrick
Attorneys for Plaintiff
MP MEXLEVEL OF CALIFORNIA, INC.

27
28
1
STIPULATION AND ORDER FOR EXTENSION OF TIME FOR MEMBER DEFENDANTS TO FILE
RESPONSIVE PLEADING TO SECOND AMENDED COMPLAINT

1

Dated: August 11, 2014

NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP

2
3
4
5
6
7

8
9

By:

/s/ Craig C. Crockett
Dean A. Morehous
Craig C. Crockett
Attorneys for Defendants
CALAVERAS COMMUNICATIONS COMPANY,
SEBASTIAN ENTERPRISES, INC., VOLCANO
COMMUNICATIONS COMPANY, STAGELINE
COMMUNICATIONS, INC., THE PONDEROSA
TELEPHONE COMPANY, SIERRA TEL
COMMUNICATIONS GROUP, VARNET, INC., CALORE TELEPHONE CO., DUCOR TELEPHONE
COMPANY and CONSOLIDATED
COMMUNICATIONS HOLDINGS, INC.

10
11
12
13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
STIPULATION AND ORDER FOR EXTENSION OF TIME FOR MEMBER DEFENDANTS TO FILE
RESPONSIVE PLEADING TO SECOND AMENDED COMPLAINT

1
2

[PROPOSED] ORDER
Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that defendants

3

CALAVERAS COMMUNICATIONS COMPANY, SEBASTIAN ENTERPRISES INC.,

4

VOLCANO COMMUNICATIONS COMPANY, STAGELINE COMMUNICATIONS, INC.,

5

THE PONDEROSA TELEPHONE COMPANY, SIERRA TEL COMMUNICATIONS GROUP,

6

VARNET, INC., CAL-ORE TELEPHONE CO., DUCOR TELEPHONE COMPANY and

7

CONSOLIDATED COMMUNICATIONS HOLDINGS, INC., shall have an extension of time to

8

respond to Plaintiff’s Second Amended Complaint up through and including August 22, 2014.

9
10
11

IT IS SO ORDERED.
Dated:

August 12, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

12
13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND ORDER FOR EXTENSION OF TIME FOR MEMBER DEFENDANTS TO FILE
RESPONSIVE PLEADING TO SECOND AMENDED COMPLAINT