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

Filing 25

Stipulation and Order To Further Extend Time To Amend Answer And File Motion To Strike, signed by Magistrate Judge Michael J. Seng on 11/10/2015. (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
FURTHER 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 FURTHER 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, Defendants intend to voluntarily amend their Answer, and by previous

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Stipulation and Order, any Amended Answer must be filed on or before November 9, 2015.
WHEREAS, Plaintiff and Defendants have agreed to extend the time for Defendants to
voluntarily amend their Answer to on or before November 23, 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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December 7, 2015.
STIPULATION

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants
as follows:
1.

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

before November 23, 2015.
2.

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

Motion to Strike shall be extended to December 7, 2015.
IT IS SO STIPULATED.

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Dated: November 9, 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: November 9, 2015

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

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STIPULATION AND ORDER TO FURTHER 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 23, 2015.
2.

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

Motion to Strike shall be extended to December 7, 2015.

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IT IS SO ORDERED.
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Dated:

November 10, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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