Deerpoint Group, Inc. v. Agrigenix, LLC et al

Filing 89

ORDER EXTENDING Deadline to Answer Second Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 3/10/2020. Response due by 3/23/2020.(Marrujo, C)

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Charles K. Manock SB#161633
MANOCK LAW
448 W Shaw Ave.
Fresno, CA 93704
Phone: [phone]
Fax: [phone]

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Attorney for Defendants AGRIGENIX, LLC and SEAN MAHONEY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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Case No: l:18-cv-00536-AWI-BAM

DEERPOINT GROUP, INC., an Illinois
corporation,

STIPULATION AND ORDER
EXTENDING DEADLINE TO ANSWER
SECOND AMENDED COMPLAINT
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Plaintiff,
v.

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AGRIGENIX, LLC, a Delaware limited
liability company; SEAN MAHONEY, a
California individual; and CUSTOM AG
FORMULATORS, INC., a California
corporation,
Defendants.

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Pursuant to Eastern District of California Local Rule 143, Plaintiff Deerpoint Group, Inc.

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(“DPG”) and Defendants AGRIGENIX, LLC, SEAN MAHONEY, a California individual; and

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CUSTOM AG FORMULATORS, INC., a California corporation, (collectively “Defendants”)

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hereby stipulate as follows:

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1. The Second Amended Complaint includes a cause of action for patent infringement;
defendants are associating an additional attorney specializing in patent litigation.
2. Defendants have requested that Plaintiff extend the deadline for filing an Answer to the
Second Amended Complaint.
3. Plaintiff has no objection to providing the requested extension.
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4. Accordingly, the parties hereby stipulate to and request that the Court extend the deadline

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for Defendants to file an Answer to the Second Amended Complaint to March 23, 2020. No prior

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extensions of this subject matter have been sought by the parties, and the parties do not anticipate

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that this extension will alter any of the other existing deadlines as set forth in the Scheduling Order

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in this case.

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Dated: March 5, 2020

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KILPATRICK TOWNSEND & STOCKTON LLP

By:

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/s/ Jon Michaelson
JON MICHAELSON
MANSI H. SHAH
ADAM WILEY

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Attorneys for Plaintiff
DEERPOINT GROUP, INC.

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Dated: March 5, 2020

____/s/ Charles K. Manock____________________
Charles K. Manock, attorney for Defendants
AGRIGENIX, LLC and SEAN MAHONEY

Dated: March 5, 2020

QUALL CARDOT, LLP

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By:
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/s/ John M Cardot
__________________
JOHN M. CARDOT
Attorneys for Defendant
CUSTOM AG FORMULATORS, INC.

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Stipulation and Order Extending Deadline to Answer Second Amended Complaint

ORDER

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Local Rule 144(a) provides that “an initial stipulation extending time for no more than

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twenty-eight (28) days to respond to a complaint . . . may be filed without approval of the Court if

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the stipulation is signed on behalf of all parties who have appeared in the action and are affected by

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the stipulation.” All other extensions of time require Court approval. L.R. 144(a).
Defendant Custom AG Formulators, Inc. was initially served with the summons and Second

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Amended Complaint on February 25, 2020, and no previous stipulations extending the time for this
defendant to respond to a complaint have been filed with the Court. (See Doc. No. 83.) Therefore,
as to Defendant Custom AG Formulators, Inc., the parties' stipulation conforms with the
requirements of Local Rule 144(a) and requires no court order to be effective.
However, the parties previously stipulated to extend the deadline for Defendants Agrigenix,

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LLC and Sean Mahoney to respond to the initial complaint. (Doc. No. 9.) Accordingly, as this is
not an initial stipulation extending time for Defendants Agrigenix, LLC and Sean Mahoney to

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respond to a complaint, Court approval is required as to those defendants. See L.R. 144(a). While
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the stipulation does not explain the basis for the requested extension, based upon the parties’
consent to the amended deadline, and in the interest of justice, the Court finds that the parties’
request is warranted and no prejudice will result.

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Accordingly, IT IS HEREBY ORDERED that Defendants Agrigenix, LLC and Sean
Mahoney’s responses to the complaint shall be filed and served on or before March 23, 2020. The
Court recognizes the parties' stipulation extending the deadline for Defendant Custom AG
Formulators, Inc. to respond to the complaint to March 23, 2020, but no further order is required.

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Stipulation and Order Extending Deadline to Answer Second Amended Complaint

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The parties are further reminded that a STATUS CONFERENCE has been set for May 5,

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2020, at 9:00 AM in Courtroom 8 (BAM) before the undersigned to discuss any need to amend

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the Scheduling Order in this case. At least one (1) full week prior to the Status Conference, the

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parties SHALL jointly submit any proposed dates they believe are necessary in light of the patent

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infringement claim. The parties are encouraged to appear at the status conference by telephone with

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each party using the following dial-in number and access code: dial-in number 1-877-411-9748;

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access code 3219139.

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IT IS SO ORDERED.

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Dated:

March 10, 2020

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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Stipulation and Order Extending Deadline to Answer Second Amended Complaint