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

Filing 37

STIPULATION and ORDER GRANTING AN EXTENSION OF TIMETO FILE A FIRST AMENDED COMPLAINT AND A RESPONSIVE PLEADING THERETO, signed by Magistrate Judge Michael J. Seng on 9/10/2017. (Bernacchi, 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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Case No. 1:16-cv-00501-LJO-MJS
STIPULATION AND ORDER
GRANTING AN EXTENSION OF TIME
TO FILE A FIRST AMENDED
COMPLAINT AND A RESPONSIVE
PLEADING THERETO

Plaintiff,
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;

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WHEREAS, the Court, pursuant to the parties’ stipulation (ECF No. 33), previously

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granted Hebei an extension of time to file a responsive pleading to GSF’s Complaint (ECF

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No. 34);

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WHEREAS, the Court’s order required that Hebei file a responsive pleading to GSF’s
Complaint no later than September 8, 2017 (ECF No. 34);

OHSUSA:767359907.1

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

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WHEREAS, after counsel for Hebei and counsel for GSF conferred about the substance of

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a Motion to Dismiss that Hebei intended to file on September 8, 2017, all counsel agreed to

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execute and file this stipulation and proposed order to allow GSF time to file an amended

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complaint and thereby potentially avoid the need for a motion to dismiss;

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WHEREAS, Federal Rule of Civil Procedure 6(b) authorizes the Court to extend time for
good cause if the extension is requested before the original deadline;

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WHEREAS, Hebei and GSF shall file this Stipulation and [Proposed] Order with the
Court no later than September 8, 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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OHSUSA:767359907.1

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

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IT IS HEREBY STIPULATED by and between GSF and Hebei that:

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GSF shall file a First Amended Complaint on or before September 29, 2017; and

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Hebei shall file a responsive pleading to GSF’s First Amended Complaint on or

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before October 27, 2017.

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Dated: September 8, 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: September 8, 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 September 8, 2017)
SARAH M. HACKER
Attorneys for Plaintiff
GSF NUT COMPANY, LLC

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ORDER
Pursuant to the foregoing stipulation between Plaintiff GSF Nut Company, LLC (“GSF”)

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and Defendant Hebei Yang Yuan Zhi Hui Yin Pin Gu Fen You Xian Gong Si (“Hebei”), and

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upon a finding of good cause, that it is ordered GSF shall file its First Amended Complaint on or

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before September 29, 2017 and Hebei shall file a responsive pleading to GSF’s First Amended

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Complaint on or before October 27, 2017.

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IT IS SO ORDERED.
Dated:

September 10, 2017

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/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
OHSUSA:767359907.1

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