Dimbali v. ConocoPhillips Company

Filing 17

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 11/3/09 re 15 16 ORDERING that ConocoPhillips Company's ("COP") time to respond to Plaintiff's complaint is EXTENDED 90 days so that Plaintiff can file and the Judi cial Panel on Multidistrict Litigation can rule on a motion to vacate the Conditional Transfer Order transferring this case to the Northern District of California. Should the Judicial Panel not rule on COP's request within 90 days, COP shall re port further to the Court so that it may revisit whether a further extension would be appropriate. Nothing herein shall prevent Plaintiff's ability to seek a temporary restraining order or preliminary injunction against COP before COP has responded to the complaint, or file a motion to remand to state court.(Duong, D)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) vs. ) ) CONOCOPHILLIPS COMPANY, a Texas ) corporation and DOES 1 through 10, ) Inclusive, ) ) Defendant. ) ) KASRA KHADIVI DIMBALI, an individual, Case No. 2:09-CV-02242-FCD-EFB ORDER RE CASE STATUS UPDATE AND STIPULATION TO EXTEND CONOCOPHILLIPS COMPANY'S TIME TO RESPOND TO THE COMPLAINT FOR GOOD CAUSE SHOWN, THE COURT ORDERS that ConocoPhillips Company's ("COP") time to respond to Plaintiff's complaint is extended 90 days so that Plaintiff can file and the Judicial Panel on Multidistrict Litigation can rule on a motion to vacate the Conditional Transfer Order transferring this case to the Northern District of California. Should the Judicial Panel not rule on COP's request within 90 days, COP shall report further to the Court so that it may revisit whether a further extension would be appropriate. Nothing herein shall prevent Plaintiff's ability to seek a temporary restraining order or preliminary injunction against COP before COP has responded to the complaint, or file a motion to remand to state court. Dated: November 3, 2009 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE -1ORDER RE STIPULATION TO EXTEND COP'S TIME TO RESPOND TO THE COMPLAINT

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