GSF Nut Company, LLC v. Hong Kong Bin Guo International Trading, Limited, et al

Filing 34

STIPULATION and ORDER GRANTING DEFENDANT HEBEI AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING TO PLAINTIFFS COMPLAINT; (30) thirty-day extension, signed by Magistrate Judge Michael J. Seng on 8/3/2017. (Lafata, M)

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MICHAEL C. WEED (SBN 199675)
[e-mail]
ERIC R. OLAH (SBN 295513)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
HEBEI YANG YUAN ZHI HUI YIN PIN GU FEN
YOU XIAN GONG SI

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GSF NUT COMPANY, LLC, a California
limited liability company,

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STIPULATION AND ORDER
GRANTING DEFENDANT HEBEI AN
EXTENSION OF TIME TO FILE A
RESPONSIVE PLEADING TO
PLAINTIFF’S COMPLAINT

Plaintiff,

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Case No. 1:16-cv-00501-LJO-MJS

v.
HONG KONG BIN GUO INTERNATIONAL
TRADING LIMITED, a Chinese corporation,
HEBEI YANG YUAN ZHI HUI YIN PIN GU
FEN YOU XIAN GONG SI, a Chinese
corporation, and DOES 1 to 50, (inclusively),

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Defendants.

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STIPULATION

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WHEREAS, Defendant Hebei Yang Yuan Zhi Hui Yin Pin Gu Fen You Xian Gong Si

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(“Hebei”) was served with Plaintiff GSF Nut Company, LLC’s (“GSF”) Complaint (ECF No. 1)

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and the Court Summons (ECF No. 3) on July 19, 2017;
WHEREAS, under Federal Rule of Civil Procedure 12(a)(1), Hebei must file a responsive

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pleading to GSF’s Complaint no later than August 9, 2017;
WHEREAS, Federal Rule of Civil Procedure 6(b) authorizes the Court to extend time for

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good cause if the extension is requested before the original deadline;

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///

OHSUSA:767203463.1

STIPULATION AND ORDER GRANTING AN
EXTENSION OF TIME
(CASE NO. 1:16-CV-00501-LJO-MJS)

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WHEREAS, Hebei, a Chinese corporation, needs additional time to investigate the
allegations in the Complaint and draft a responsive pleading to GSF’s Complaint;

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WHEREAS, Hebei and GSF shall file this Stipulation and [Proposed] Order with the
Court before August 10, 2017;

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WHEREAS, Hebei does not waive any defenses under Federal Rule of Civil Procedure

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12(b) by entering into and filing this Stipulation and [Proposed] Order, including but not limited

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to defenses asserting that the Court lacks personal jurisdiction over Hebei or that Hebei failed to

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receive sufficient service of process;

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IT IS HEREBY STIPULATED by and between GSF and Hebei that Hebei shall be

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granted a thirty-day extension of time to file a responsive pleading to GSF’s Complaint, such that

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any responsive pleading to the Complaint is due no later than September 8, 2017.

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Dated: August 2, 2017

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MICHAEL C. WEED
ERIC R. OLAH
Orrick, Herrington & Sutcliffe LLP

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By:

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/s/ Eric R. Olah
ERIC R. OLAH
Attorneys for Defendant
HEBEI YANG YUAN ZHI HUI YIN PIN
GU FEN YOU XIAN GONG SI

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Dated: August 2, 2017

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MICHAEL A. DIAS
SARAH M. HACKER
Dias Law Firm, Inc.

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By:

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/s/ Sarah M. Hacker
(as authorized on August 2, 2017)
SARAH M. HACKER
Attorneys for Plaintiff
GSF NUT COMPANY, LLC

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///

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///

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///
OHSUSA:767203463.1

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STIPULATION AND [PROPOSED] ORDER
GRANTING AN EXTENSION OF TIME
(CASE NO. 1:16-CV-00501-LJO-MJS)

ORDER

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Pursuant to the foregoing stipulation between Plaintiff GSF Nut Company,
LLC(“GSF”) and Defendant Hebei Yang Yuan Zhi Hui Yin Pin Gu Fen You Xian
Gong Si (“Hebei”), and upon a finding of good cause, Hebei is HEREBY GRANTED

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a thirty-day extension of time to and through September 8, 2017, to file a responsive
pleading to GSF’s Complaint in Case No. 1:16-cv-00501-LJO-MJS.

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IT IS SO ORDERED.

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Dated:

August 3, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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OHSUSA:767203463.1

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STIPULATION AND [PROPOSED] ORDER
GRANTING AN EXTENSION OF TIME
(CASE NO. 1:16-CV-00501-LJO-MJS)