Bovero v. Electrolux Home Products Incorporated

Filing 8

STIPULATION and ORDER 6 signed by Senior Judge William B. Shubb on 2/26/2013 extending time for plaintiff to file an Amended Complaint by 3/1/2013. Defendant's response to the amended complaint shall be filed by 3/29/2013. (Kirksey Smith, K)

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C. Brandon Wisoff (State Bar No. 121930)
[e-mail]
Thomas B. Mayhew (State Bar No. 183539)
[e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ELECTROLUX HOME PRODUCTS INCORPORATED

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UNITED STATES DISTRICT COURT OF CALIFORNIA

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EASTERN DISTRICT

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ROBERT BOVERO,

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Plaintiff,

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v.

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ELECTROLUX HOME PRODUCTS
INCORPORATED,

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Defendant.
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Case No. 2:13-cv-00087-WBS-AC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
RESPOND TO INITIAL COMPLAINT
AND FIRST AMENDED COMPLAINT
(L.R. 144)
Complaint served: Jan. 17, 2013
Current response date: Feb. 7, 2013
New response date: March 29, 2013

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Plaintiff ROBERT BOVERO (“Plaintiff”) and Defendant ELECTROLUX HOME
PRODUCTS INCORPORATED (“Electrolux”), by and through their respective counsel, hereby
stipulate and agree as follows:
WHEREAS, on January 16, 2013, Plaintiff filed his initial Complaint in this action;
WHEREAS, on January 17, 2013, Plaintiff served Electrolux with a copy of the initial
Complaint and Summons in a Civil Action;
WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a), Electrolux currently must
file and serve a response to Plaintiffs’ initial Complaint on or before February 7, 2013;
WHEREAS, the parties have not yet obtained any extensions as to Electrolux’s time to
file and serve a response to Plaintiff’s initial Complaint;

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
Case No. 2:13-cv-00087-WBS-AC

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28594\3519267.1

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WHEREAS, Plaintiff has notified Electrolux that he intends to file a First Amended

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Complaint on or before March 1, 2013 to, at a minimum, add a claim for damages to his cause of

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action under the California Consumers Legal Remedies Act (“CLRA”);

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WHEREAS, Electrolux does not wish to incur, and Plaintiff does not wish to cause

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Electrolux to incur, any burden or expense in responding to the Complaint now on file that will be

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superseded by the First Amended Complaint when it is filed;

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WHEREAS, Electrolux also has requested from Plaintiff additional time to prepare a

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response to Plaintiff’s forthcoming First Amended Complaint, which Plaintiff intends to file on or

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before March 1, 2013;

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WHEREAS both parties have agreed that good cause exists to extend the time for

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Electrolux to respond to Plaintiff’s contemplated First Amended Complaint to and including

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March 29, 2013 (28 days after Plaintiff intends to file a First Amended Complaint);

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NOW, THEREFORE, THE PARTIES HEREBY AGREE AND STIPULATE THAT (1)

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Plaintiff shall file his First Amended Complaint on or before March 1, 2013; (2) Electrolux need

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not respond to the Complaint currently on file; and (3) Electrolux shall have to and including

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March 29, 2013, to move, answer, or otherwise respond to Plaintiff’s First Amended Complaint

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IT IS SO STIPULATED.

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Dated: January 30, 2013

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FARELLA BRAUN + MARTEL LLP
By: /s/ C. Brandon Wisoff
C. Brandon Wisoff

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Attorneys for Defendant
ELECTROLUX HOME PRODUCTS INC.

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Dated: January 30, 2013

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EPPSTEINER & FIORICA ATTORNEYS, LLP
By: /s/ Stuart M. Eppsteiner
Stuart M. Eppsteiner
(as authorized on January 30, 2013)

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Attorneys for Plaintiff ROBERT BOVERO, on
behalf of himself and those similarly situated

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
Case No. 2:13-cv-00087-WBS-AC

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28594\3519267.1

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ORDER

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IT IS SO ORDERED.

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Dated: February 26, 2013

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
Case No. 2:13-cv-00087-WBS-AC

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28594\3519267.1