Ruiz Food Products, Inc. v. Meigs et al
Filing
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Stipulation and Order for third and final extension of time for Defendants to answer first amended complaint, signed by Magistrate Judge Erica P. Grosjean on 5/3/2018. (Filing Deadline: 5/21/2018) (Rosales, O)
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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone: (559) 233-4800
Facsimile: (559) 233-9330
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
THIRD AND FINAL 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 on April 20,
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2018, this Court granted Defendants a second extension of time until May 7, 2018 to file their
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responsive pleading to Plaintiff’s First Amended Complaint (Dkt. 13);
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WHEREAS, the parties have exchanged proposed settlement documents, which would
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fully resolve the case, and are reviewing said documents with their respective clients, revising
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said documents, and anticipate reaching a resolution within the next two weeks;
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WHEREAS, in order to allow the parties to reach the anticipated resolution, the parties
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respectfully request from this Court one final extension until May 21, 2018, to allow
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Defendants file their responsive pleading to Plaintiff’s First Amended Complaint.
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///
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///
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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 one final time through and
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include May 21, 2018.
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DATED: May 2, 2018
KLEIN, DENATALE, GOLDNER, COOPER,
ROSENLIEB & KIMBALL, LLP
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By:
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DATED: May 2, 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 third and final extension
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to file their response to the First Amended Complaint. Defendants’ responsive pleading shall
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be filed by no later than May 21, 2018.
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IT IS SO ORDERED.
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Dated:
May 3, 2018
/s/
UNITED STATES MAGISTRATE JUDGE
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