Black v. Stafford et al

Filing 22

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 6/14/10: Plaintiff shall, if necessary, file an amended complaint on or before August 13, 2010 and tha the Defendants shall answer or otherwise respond to the complaint and/or amended complaint, if necessary, within 30 days of the date the amended complaint is filed or on or before September 13, 2010, whichever date occurs first. (Kaminski, H)

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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 RICHARD GALLAGHER (SBN 208714) Email: rgallagher@orrick.com LILY BECKER (SBN 251145) Email: lbecker@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, California 94105-2669 Telephone: (415) 773-5700 Facsimile: (415) 773-5759 Attorneys for Defendants TROY STAFFORD, PATRICK WILLIAMS, WS SEAFOOD INVESTMENT LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA EASTERN DIVISION MARC BLACK, Plaintiff, v. TROY STAFFORD, an individual, PATRICK WILLIAMS, an individual, WS SEAFOOD INVESTMENT LIMITED LIABILITY CORPORATION, an Alaska limited liability company, and DOES 1 through 9, inclusive, Defendants. Case No. 2:10-cv-567 FCD KJN STIPULATION AND ORDER EXTENDING TIME FOR FILING AMENDED COMPLAINT The Hon. Frank C. Damrell, Jr. 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 STIPULATION WHEREAS, on March 11, 2010, plaintiff Marc Black filed a Complaint against Troy Stafford, Patrick Williams, and WS Seafood Investment Limited Liability Corporation (collectively, "Defendants"); WHEREAS, on April 19, 2010, the parties stipulated to an extension of time until April 29, 2010 for Defendants to respond to the Complaint, as Defendants, citizens of the State of Alaska, had recently retained California counsel in this Action and desired to determine whether a resolution of the dispute was possible; WHEREAS, the parties thereafter agreed to engage a mediator to explore whether a resolution was possible and entered into a stipulated order providing that Defendants were not obligated to answer or otherwise respond to the complaint until June 14, 2010; WHEREAS, the parties have now elected to submit their dispute to the Court's Voluntary Dispute Resolution Program pursuant to Local Rule 271(e)(1); WHEREAS, the Clerk of Court has appointed Matthew Jacobs as mediator, and the mediation is scheduled for July 28, 2010; WHEREAS, if the case does not resolve on or before July 28, 2010, plaintiff intends to file an amended complaint on or before August 13, 2010; WHEREAS, the parties agree that Defendants shall have until September 13, 2010 or 30 days from the date an amended complaint is filed, whichever date occurs first, to answer or otherwise respond to the complaint and/or amended complaint; WHEREAS, the agreed-upon schedule is not for the purpose of delay, promotes judicial efficiency, and will not cause prejudice to any party; THEREFORE, IT IS STIPULATED AND AGREED by Plaintiff Marc Black and Defendants, through their respective counsel of record, that Plaintiff shall, if necessary, file an amended complaint on or before August 13, 2010 and that Defendants shall answer or otherwise respond to the complaint and/or amended complaint, if necessary, within 30 days of the date the amended complaint is filed or on or before September 13, 2010, whichever date occurs first. 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 Dated: June 14, 2010 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE Dated: June 14, 2010 RICHARD GALLAGHER LILY BECKER ORRICK, HERRINGTON & SUTCLIFFE LLP By: /s/ Richard Gallagher RICHARD GALLAGHER Attorneys for Defendants TROY STAFFORD, PATRICK WILLIAMS, and WS SEAFOOD INVESTMENT LLC FRANK M. RADOSLOVICH CHRISTIAN JASON SMITH MICHAEL L. MARTUCCI RADOSLOVICH LAW CORPORATION By: /s/ Christian Jason Smith CHRISTIAN JASON SMITH Attorneys for Plaintiff MARC BLACK IT IS SO ORDERED. OHS West:260934325.1 2

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