Gallo Glass Company v. Special Shapes Refractory Company, Inc. et al

Filing 7

STIPULATION and ORDER to Extend Nikolaus Sorg GMBH & Company KG's Time to Respond to Complaint by more than 28 days: the stipulation of Plaintiff Gallo Glass Company and Defendant Nikolaus Sorg GmbH & Company KG set forth above, and good cause appearing, orders as follows: Defendant Sorgs deadline to file a responsive pleading to Plaintiffs Complaint is extended to December 8, 2016. signed by Magistrate Judge Barbara A. McAuliffe on 10/21/2016. (Herman, H)

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COLIN MUNRO (SBN 195520)
Email: [e-mail]
CARLSON CALLADINE & PETERSON LLP
353 Sacramento Street, 16th Floor
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
MARTIN H. MYERS (SBN 130218)
Email: [e-mail]
GRETCHEN HOFF VARNER (SBN 284980)
Email: [e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
GALLO GLASS COMPANY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GALLO GLASS COMPANY,

Case No.: 1:16-CV-01446-LJO-BAM

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Plaintiff,
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v.
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SPECIAL SHAPES REFRACTORY
COMPANY, INC., and NIKOLAUS SORG
GMBH & COMPANY KG,

STIPULATION AND [PROPOSED] ORDER
TO EXTEND NIKOLAUS SORG GMBH &
COMPANY KG’S TIME TO RESPOND TO
COMPLAINT BY MORE THAN 28 DAYS
Judge: District Judge Lawrence J. O’Neill
Magistrate Judge Barbara A. McAuliffe

Defendant.
Complaint Filed:

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September 28, 2016

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Plaintiff Gallo Glass Company (“Gallo”) and Defendant Nikolaus Sorg GmbH & Company

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KG (“Sorg”) (specially appearing), by and through their attorneys of record in this case, hereby

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stipulate and agree that:

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WHEREAS, a related action was filed by defendant Special Shapes Refractory Company,

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Inc. (“Special Shapes”), in the United States District Court for the Northern District of Alabama,

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Case No. 2:16-cv-01563-RDP on September 21, 2016 (“the Alabama Action”), but in which Sorg is

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not named as a party;
WHEREAS, Gallo moved to transfer the Alabama Action to this judicial district by motion

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filed in the Alabama Action on September 28, 2016;

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WHEREAS, Gallo filed its Complaint in this action on September 28, 2016;

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WHEREAS, Gallo served its Complaint in this action on Sorg effective October 3, 2016, and

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Sorg’s responsive pleading is presently due on October 24, 2016;

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WHEREAS, the U.S. District Court for the Northern District of Alabama granted Gallo’s

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motion to transfer the Alabama Action, and directed the action be transferred to the U.S. District

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Court for the Eastern District of California on October 17, 2016;
WHEREAS, the parties have discussed, but have not agreed on exactly how the Alabama

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Action will be consolidated with this matter, particularly as to whether Special Shapes’ claims

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against Gallo will be pled as counter-claims to Gallo’s Complaint in this action, or vice-versa;
WHEREAS, Sorg requested and Gallo agreed to an extension of time of 45 days, to allow for

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the transfer and consolidation of the Alabama Action, of which Sorg is not a party, before Sorg

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responds to the Complaint in this action;
WHEREAS, the extension of time will not alter the date of any event or deadline already

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fixed by the Court;
WHEREAS, no extension of time for Sorg to respond to the Complaint has been requested

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previously;
WHEREAS, Local Rule 144(a) of the United State District Court for the Eastern District of

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California provides that the parties may stipulate to extend the time for responding to a complaint,

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and requires Court approval if the extension is longer than 28 days;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Gallo and Sorg,

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through their respective counsel, that Sorg may file its responsive pleading on or before Thursday,

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December 8, 2016.

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IT IS SO STIPULATED.

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Dated: October 21, 2016

DUANE MORRIS LLP

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By:/s/Robert C. Hendrickson (as authorized on 10/18/16)
Robert C. Hendrickson

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Attorneys for Defendant
NIKOLAUS SORG GMBH & COMPANY KG

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Dated: October 21, 2016

COVINGTON & BURLING LLP

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By: /s/Martin H. Myers (as authorized on 10/18/16)
Martin H. Myers

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Attorneys for Plaintiff
GALLO GLASS COMPANY

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ORDER
The Court, having duly considered the stipulation of Plaintiff Gallo Glass Company and
Defendant Nikolaus Sorg GmbH & Company KG set forth above, and good cause appearing, orders
as follows:
Defendant Sorg’s deadline to file a responsive pleading to Plaintiff’s Complaint is extended
to December 8, 2016.
IT IS SO ORDERED.

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Dated: October 21, 2016

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE