Wilcox v. Kessler Sales Corporation, et al.,

Filing 18

STIPULATION and ORDER 17 signed by Judge Frank C. Damrell, Jr. on 4/13/2009 GRANTING the parties an extension of time until 5/4/2009 to file any responsive pleading. (Krueger, M)

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TWO PALO ALTO SQUARE, SUITE 500, 3000 EL CAMINO REAL PALO ALTO, CALIFORNIA 94306-2117 [phone]

Stephen C. Gerrish/Bar No. 061253 Andrew P. Holland/Bar No. 224737 THOITS, LOVE, HERSHBERGER & McLEAN A Professional Law Corporation Two Palo Alto Square, Suite 500, 3000 El Camino Real Palo Alto, California 94306-2117 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counter Claimant Kessler Sales Corporation d/b/a Kessler Corporation and Richard L. Wantz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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THOITS, LOVE, HERSHBERGER & McLEAN

A PROFESSIONAL LAW CORPORATION

GERALD B. WILCOX, individually and on behalf of a class of similarly situated individuals, Plaintiff, v. KESSLER SALES CORPORATION d/b/a KESSLER CORPORATION, a Ohio corporation, RICHARD L. WANTZ, an individual, AND KAREN J. SMITH, AN INDIVIDUAL, Defendants, AND RELATED COUNTER CLAIM.

No. 2:08-CV-02757 FCD KJM STIPULATION AND ORDER

WHEREAS, suit was filed in this matter on November 14, 2008; and WHEREAS, Defendant Kessler Corporation was served with process, obtained counsel and by stipulation received an extension of time in which to answer or otherwise plead until February 20, 2009; and WHEREAS, Defendant Kessler Corporation timely filed its answer and counterclaim in

115106.001/255726

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STIPULATION AND ORDER

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TWO PALO ALTO SQUARE, SUITE 500, 3000 EL CAMINO REAL PALO ALTO, CALIFORNIA 94306-2122 [phone]

this matter on February 20, 2009; and WHEREAS, under the Federal Rules of Civil Procedure, Plaintiff Gerald B. Wilcox was due to answer or otherwise respond to the counterclaim on or before March 16, 2009; and WHEREBY, on or about February 19, 2009, Defendant Richard L. Wantz filed with the court a waiver of service form; and WHEREAS, as a result of the filing of the said waiver of service form, Defendant Wantz was due to answer or otherwise respond to the Complaint on or before March 23, 2009; and WHEREAS, the Parties decided that their resources would be better devoted to the attempted settlement of the lawsuit, and the parties stipulated and the Court ordered that the dated for the filing of any responsive pleadings in this case be continued until April 13, 2009; and WHEREAS, the Parties continue to try to discuss settlement, and they believe that additional time is needed to try to resolve this litigation; and NOW THEREFORE, in consideration of the foregoing factors, the parties hereby stipulate, subject to the approval of the Court, to further continue until May 4, 2009, the dates for the filing of any responsive pleadings in this case by any party. The parties understand and agree that by executing this stipulation, the parties will keep all claims and all defenses or objections to the lawsuit or counterclaim, the Court's jurisdiction, or the venue of the action. It is so stipulated and agreed: Dated: April 13, 2009. THE JACOBS LAW FIRM, CHTD. By /s/ John G. Jacobs John G. Jacobs Attorneys for Plaintiff Gerald B. Wilcox

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THOITS, LOVE, HERSHBERGER & McLEAN

A PROFESSIONAL LAW CORPORATION

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115106.001/255726

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STIPULATION AND ORDER

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TWO PALO ALTO SQUARE, SUITE 500, 3000 EL CAMINO REAL PALO ALTO, CALIFORNIA 94306-2122 [phone]

Dated: April 13, 2009. THOITS, LOVE, HERSHBERGER & McLEAN By /s/ Andrew P. Holland Andrew P. Holland Attorneys for Defendants and Counter Claimant Kessler Sales Corporation d/b/a/ Kessler Corporation and Richard L. Wantz

Pursuant to stipulation, IT IS SO ORDERED. Dated: April 13, 2009.

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THOITS, LOVE, HERSHBERGER & McLEAN

A PROFESSIONAL LAW CORPORATION

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

115106.001/255726

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STIPULATION AND ORDER