Robles v. Comtrak Logistics, Inc.

Filing 56

STIPULATION and ORDER signed by Judge John A. Mendez on 12/30/14 ORDERING that Defendant Comtrak shall have until 1/16/2015 to respond to Plaintiff's First Amended Complaint in this matter. (Mena-Sanchez, L)

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SEYFARTH SHAW LLP
Joshua M. Henderson (SBN 197435)
[e-mail]
Andrew M. McNaught (SBN 209093)
Email: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
SEYFARTH SHAW LLP
Thomas J. Piskorski (admitted pro hac vice)
[e-mail]
131 South Dearborn Street
Suite 2400
Chicago, IL 60603
Telephone:
[phone]
Facsimile:
[phone]

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SEYFARTH SHAW LLP
Daniel C. Kim (SBN 272680)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]

MARLIN & SALTZMAN
Christina A. Humphrey (SBN 226326)
Leslie H. Joyner (SBN 262705)
29229 Canwood Street, Suite 208
Agoura Hills, California 91301
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
HUB GROUP TRUCKING, INC. (formerly
known as Comtrak Logistics, Inc.)

Attorneys for Plaintiff
SALVADOR ROBLES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALVADOR ROBLES, individually and on
behalf of others similarly situated,

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Case No. 2:13-CV-00161-JAM-AC
JOINT STIPULATION AND ORDER
TO EXTEND TIME TO RESPOND TO
FIRST AMENDED COMPLAINT
[LOCAL RULE 144]

Plaintiffs,
v.
COMTRAK LOGISTICS, INC., a Delaware
corporation; and DOES 1 through 10,
inclusive,

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Appellees

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JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT
18741108v.1

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STIPULATION

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Pursuant to L.R. 144(a), Plaintiff SALVADOR ROBLES, individually and on behalf of

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others similarly situated, and Defendant HUB GROUP TRUCKING, INC. (formerly known as

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Comtrak Logistics, Inc.), by and through their undersigned counsel, hereby stipulate and agree to

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an extension of time of fourteen (14) days for Defendant to respond to the First Amended

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Complaint. The grounds for this stipulation are as follows:

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WHEREAS, on April 23, 2013, the Parties stipulated that Defendant’s first responsive

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pleading in this action would be due twenty-eight (28) days from the date Plaintiff filed his First

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Amended Complaint.

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WHEREAS, on May 6, 2013, Plaintiff filed his First Amended Complaint against
Defendant, making Defendant’s responsive pleading due on June 3, 2013.

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WHEREAS, on June 3, 2013, Defendant filed a Motion to Dismiss Plaintiff’s First
Amended Complaint.

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WHEREAS, on December 19, 2014, the Court denied Defendant’s Motion to Dismiss

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Plaintiff’s First Amended Complaint resulting in a January 2, 2015 deadline for Defendant’s

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responsive pleading. See Fed. R. Civ. Proc. 12(a)(4).

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WHEREAS, Plaintiff intends to file a second amended complaint for which Plaintiff will
seek leave of court.

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WHEREAS, Plaintiff will provide a draft of the proposed second amended complaint to
Defendant sometime after the Holiday season, prior to seeking leave of court.

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WHEREAS, given the intervening Holiday season, and Plaintiff’s intent to pursue a

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proposed Second Amended Complaint, the Parties have agreed to extend the deadline for

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Defendant to respond to Plaintiff’s First Amended Complaint by fourteen (14) days, to January

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16, 2015.

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JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT
18741108v.1

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THEREFORE, THE PARTIES HEREBY STIPULATE AND RESPECTFULLY

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REQUEST THAT THE COURT ORDER that Defendant shall have an extension of time of

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fourteen (14) days, until January 16, 2015 to respond to Plaintiff’s First Amended Complaint.

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Dated: December 29, 2014

SEYFARTH SHAW LLP

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By:

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Attorneys for Defendant
HUB GROUP TRUCKING, INC. (formerly
known as Comtrak Logistics, Inc.)

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/s/ Daniel C. Kim
Thomas J. Piskorski
Joshua M. Henderson
Andrew M. McNaught
Daniel C. Kim

Dated: December 29, 2014

MARLIN & SALTZMAN, LLP

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By:

/s/ Christina A. Humphrey
Christina A. Humphrey
Leslie H. Joyner
Attorneys for Plaintiff
SALVADOR ROBLES

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED Defendant Comtrak shall

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have until January 16, 2015 to respond to Plaintiff’s First Amended Complaint in this matter.

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DATED: December 30, 2014

/s/ John A. Mendez______________
HONORABLE JOHN A. MENDEZ

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JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT
18741108v.1