Moorman v. Spencer Gifts LLC

Filing 11

STIPULATION and ORDER signed by Senior Judge Ronald S.W. Lew on 2/5/08 re 10 ORDERING that the parties shall have up to and including 3/7/08 to submit the joint status report. (Duong, D)

Moorman v. Spencer Gifts LLC

Doc. 11

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MENNEMEIER, GLASSMAN & STROUD LLP ANDREW W. STROUD (SBN 126475) STEPHEN LAU (SBN 221051) 980 9th Street, Suite 1700 Sacramento, CA 95814-2736 Telephone: [phone] Facsimile: 916-553-4011 E-mail: [e-mail] Attorneys for Plaintiff Sean Moorman

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Under Federal Rule of Civil Procedure 4(d)(4), the date on which the plaintiff files the waiver of service serves as the date on which the complaint was served. 07cv1999.o.25.w p d 1
S T I P U L A T I O N AND ORDER RE: EXTENSION OF TIME TO FILE JOINT STATUS REPORT
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SEAN MOORMAN, ) ) Plaintiff, ) ) v. ) ) SPENCER GIFTS LLC, a Delaware limited ) liability company, ZION ROOTSWEAR, L.C., ) a Florida limited liability company, ) ) Defendants. ) ______________________________________ ) Case No. 2:07-CV-01999-LEW-EFB STIPULATION AND ORDER REGARDING EXTENSION OF TIME TO FILE JOINT STATUS REPORT

The Court's Order Requiring Joint Status Report, dated September 25, 2007, orders the parties to file a joint status report "[w]ithin sixty (60) days of service of the complaint on any party." Because Defendant Spencer Gifts LLC waived service in this case, and because Plaintiff Sean Moorman filed the waiver on December 8, 2007, the joint status report in this case is due on February 6, 2008.1 Good cause exists for the Court to grant an extension of time for the parties to submit the joint status report. On January 22, 2008, Plaintiff amended his complaint to name an additional defendant, Zion Rootswear LC. Service on that new defendant has yet to be completed. Moreover, Spencer Gifts LLC has yet to answer. Under these circumstances, the parties request a 30-day extension of time to submit a joint status report.

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Based upon the stipulation of counsel on the record before the Court, IT IS HEREBY ORDERED as follows: The parties shall have up to and including March 7, 2008 to submit the joint status report. IT IS SO STIPULATED. Dated: February 4, 2008 MENNEMEIER, GLASSMAN & STROUD LLP ANDREW W. STROUD STEPHEN LAU

By:

/s/ Stephen Lau Stephen Lau Attorneys for Plaintiff Sean Moorman

Dated: February 4, 2008

ECKERT SEAMANS CHERIN & MELLOTT, LLC ROBERTA JACOBS-MEADWAY

By:

/s/ Roberta Jacobs-Meadway Roberta Jacobs-Meadway Attorneys for Defendant Spencer Gifts LLC

IT IS SO ORDERED.

DATED: 2/5/2008 /s/ Ronald S. W. Lew______________ U.S. District Judge

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S T I P U L A T I O N AND ORDER RE: EXTENSION OF TIME TO FILE JOINT STATUS REPORT