The Sherwin-Williams Company v. Courtesy Oldsmobile-Cadillac, Inc., et al.

Filing 23

Stipulation and Order To Extend Time To Amend Answer and File Motion To Strike. The Initial Scheduling Conference set for October 22, 2015 at 10:00 AM is CONTINUED to January 14, 2016 at 11:30 AM in Yosemite (MJS) before Magistrate Judge Michael J. Seng., signed by Magistrate Judge Michael J. Seng on 10/21/2015. (Yu, L)

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Matthew W. Quall, #183759
[e-mail]
Quall Cardot LLP
205 East River Park Circle, Suite 110
Fresno, CA 93720
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants COURTESY OLDSMOBILE-CADILLAC, INC., a California
corporation, and BEN WELLS, an individual

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE SHERWIN-WILLIAMS COMPANY,
d/b/a SHERWIN-WILLIAMS AUTOMOTIVE
FINISHES,
Plaintiff,

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STIPULATION AND ORDER TO
EXTEND TIME TO AMEND ANSWER
AND FILE MOTION TO STRIKE

v.

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Case No. 1:15-cv-01137-MJS

COURTESY OLDSMOBILE-CADILLAC,
INC., a California corporation; and BEN WELLS,
an individual.
Defendant.

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TO THE HONORABLE MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE:

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Defendants COURTESY OLDSMOBILE-CADILLAC, INC. and BEN WELLS

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(collectively, “Defendants”), and Plaintiff, THE SHERWIN-WILLIAMS COMPANY, d/b/a

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SHERWIN-WILLIAMS AUTOMOTIVE FINISHES (“Plaintiff”), by and through their

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respective counsel, hereby agree and stipulate as follows:
RECITALS

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WHEREAS, Plaintiff filed a Complaint for Damages and Demand for Jury Trial (the

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“Complaint”) on July 22, 2015, in United Stated District Court, Eastern District of California,

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Case No. 1:15-cv-01137.

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STIPULATION AND ORDER TO EXTEND TIME TO AMEND ANSWER AND FILE MOTION TO STRIKE

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WHEREAS, Defendants filed an Answer to the Complaint on October 5, 2015.

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WHEREAS, Any Motion to Strike by Plaintiff must be filed on or before October 26,

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2015.

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WHEREAS, Defendants intend to voluntarily amend their Answer.

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WHEREAS, Plaintiff and Defendants have agreed to extend the time for Defendants to

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voluntarily amend their Answer to on or before November 9, 2015.

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WHEREAS, in the event Defendants do not voluntarily amend their Answer, Plaintiff and

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Defendants have agreed to extend the time for Plaintiff to file a Motion to Strike to on or before

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November 23, 2015.
STIPULATION

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants
as follows:
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The time for Defendants to file an Amended Answer shall be extended to on or

before November 9, 2015.
2.

Should Defendants not file an Amended Answer, the time for Plaintiff to file a

Motion to Strike shall be extended to November 23, 2015.
IT IS SO STIPULATED.

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Dated: October 19, 2015

By: ___/s/ Matthew W. Quall_________
Matthew W. Quall
Attorneys for Defendants
COURTESY OLDSMOBILE-CADILLAC,
INC., a California corporation,
and BEN WELLS, an individual

Dated: October 19, 2015

By: ___/s/ George Fish
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George Fish
Attorneys for Plaintiff THE SHERWINWILLIAMS COMPANY, d/b/a
SHERWIN-WILLIAMS AUTOMOTIVE
FINISHES

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STIPULATION AND ORDER TO EXTEND TIME TO AMEND ANSWER AND FILE MOTION TO STRIKE

ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED:

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1.

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The time for Defendants to file an Amended Answer shall be extended to on or

before November 9, 2015.
2.

Should Defendants not file an Amended Answer, the time for Plaintiff to file a

Motion to Strike shall be extended to November 23, 2015.
3.

Inasmuch as the pleadings are not yet at issue and issues of consent to Magistrate

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Judge jurisdiction have been addressed and resolved, the Initial Scheduling Conference set for

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October 22, 2015 at 10:00 AM shall be, and hereby is, CONTINUED to January 14, 2016 at 11:30

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AM before Magistrate Judge Michael J. Seng.
IT IS SO ORDERED.

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Dated:

October 21, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO EXTEND TIME TO AMEND ANSWER AND FILE MOTION TO STRIKE