Ruiz Food Products, Inc. v. Meigs et al

Filing 13

Stipulation and Order for second extension of time for Defendants to answer first amended complaint, signed by Magistrate Judge Erica P. Grosjean on 4/20/2018. (Responsive Pleading Deadline: 5/7/2018) (Rosales, O)

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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]
Michael S. Helsley #199103
Micaela L. Neal #287107
Erin T. Huntington #306037
Attorneys for:

Plaintiff RUIZ FOOD PRODUCTS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUIZ FOOD PRODUCTS, INC., a
California Corporation

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Case No. 1:18-CV-00317-DAD-EPG
STIPULATION AND ORDER FOR
SECOND EXTENSION OF TIME FOR
DEFENDANTS TO ANSWER FIRST
AMENDED COMPLAINT

Plaintiff,
v.
RUSSELL MEIGS, an individual, AMY
LOEWUS, an individual, INDUSTRIAL
BAKERY TECHNICAL SERVICE, LLC, a
Colorado Corporation, and DOES 1 through
10, inclusive,

Complaint Filed: March 5, 2018
First Amended Complaint Filed: March
26, 2018

Defendants.

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The following stipulation is entered into by and between plaintiff RUIZ FOOD

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PRODUCTS, INC., a California corporation (“Plaintiff”), on the one hand, and defendants

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RUSSELL MEIGS, an individual, AMY LOEWUS, an individual, and INDUSTRIAL

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BAKERY

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“Defendants”), on the other hand, by and through their respective counsel of record:

TECHNICAL

SERVICE,

LLC,

a

Colorado

corporation

(collectively,

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WHEREAS, Plaintiff filed its Complaint (Dkt. 1) in this action on March 5, 2018;

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WHEREAS, the Court issued an Order to Show Cause Why Action Should Not be

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Dismissed for Lack of Subject Matter Jurisdiction (Dkt. 7) on March 13, 2018, directing

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Plaintiff to indicate the identity and citizenship of each of defendant INDUSTRIAL BAKERY

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TECHNICAL SERVICE, LLC’s members;
WHEREAS, in response to the Court’s Order to Show Cause, Plaintiff filed its First

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Amended Complaint (Dkt. 10) on March 26, 2018;
WHEREAS, the original deadline for Defendants to respond to Plaintiff’s First

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Amended Complaint was is April 9, 2018;
WHEREAS, Plaintiff agreed to provide Defendants an extension of time until April 23,

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2018 to file their responsive pleading to Plaintiff’s First Amended Complaint (Dkt. 11);

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WHEREAS, the parties have been engaged in settlement discussions, and require a

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short extension for Defendants to file a responsive pleading to continue to try and reach a

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resolution;

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WHEREAS, Plaintiff has agreed to provide Defendants a second extension of time until

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May 7, 2018 to file their responsive pleading to Plaintiff’s First Amended Complaint (Dkt. 10);

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NOW, THEREFORE, pursuant to Local Rule 144, IT IS HEREBY STIPULATED by

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the parties that the date for Defendants RUSSELL MEIGS, AMY LOEWUS, and

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INDUSTRIAL BAKERY TECHNICAL SERVICE, LLC to answer or otherwise respond to

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Plaintiff’s First Amended Complaint (Dkt. 10) shall be extended through and include May 7,

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2018.

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DATED: April 19, 2018

KLEIN, DENATALE, GOLDNER, COOPER,
ROSENLIEB & KIMBALL, LLP

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By:
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DATED: April 19, 2018

/s/ R. Jeffrey Warren
s
R. JEFFREY WARREN
Attorneys for Defendants RUSSELL MEIGS,
AMY LOEWUS, and INDUSTRIAL
BAKERY TECHNICAL SERVICE, LLC

WANGER JONES HELSLEY PC
By: /s/ Michael S. Helsley
Michael S. Helsley
Micaela L. Neal
Erin T. Huntington
Attorneys for Plaintiff RUIZ FOODS
PRODUCTS, INC.

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s

ORDER

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The Court having reviewed the foregoing Stipulation and good cause appearing

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therefore:

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IT IS HEREBY ORDERED that Defendants are granted a second extension to file

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their response to the First Amended Complaint. Defendants’ responsive pleading shall be filed

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by no later than May 7, 2018.

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IT IS SO ORDERED.
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Dated:

April 20, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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