Clayton v. Automated Gaming Technologies, Inc.

Filing 36

STIPULATION and ORDER signed by Judge John A. Mendez on 8/16/2013 ORDERING that if plaintiff files a timely motion to dismiss under Rule 12 (b) as to any part of the Counterclaim, plaintiff's time to respond to those claims in the Counterclaim that are not subject to the motion is and shall be also extended to and including fourteen (14) days after notice of the court's action on the motion. (Zignago, K.)

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GILBERT J. PREMO
Attorney at Law, State Bar No. 48503
500 Northfield Lane
Lincoln, CA 95648-8321
Telephone: [phone]
Fax: [phone]
email: [e-mail]

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Attorney for Plaintiff and Counter-Defendant
Keith R. Clayton

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEITH R. CLAYTON,
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)
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Plaintiff,
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vs.
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AUTOMATED GAMING TECHNOLOGIES,
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INC., a Nevada corporation, and DOE 1 through )
DOE 50, inclusive,
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Defendants
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_________________________________________ )
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AUTOMATED GAMING TECHNOLOGIES,
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INC., a Nevada corporation,
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Counter-Claimant,
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v.
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KEITH R. CLAYTON, and DOES 1
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through 10, inclusive,
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Counter-Defendants.
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_________________________________________ )

Case No. 2:13-CV-00907-JAM-EFB .
STIPULATION FOR EXTENSION OF
TIME FOR PLAINTIFF TO RESPOND
TO COUNTERCLAIM;
ORDER THEREON

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This stipulation is made by and between plaintiff and counter-defendant Keith R. Clayton

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(“plaintiff”) and defendant and counter-claimant Automated Gaming Technologies, Inc. (“AGT”),

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through their respective counsel, with reference to the following facts:

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. On July 30, 2013, AGT filed and served herein an “Answer to Second Amended Complaint

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and Counterclaims for Damages”, alleging in that portion of the pleading captioned “AGT’s

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COUNTERCLAIM” (the “Counterclaim”), four (4) alleged Claims for Relief against plaintiff.
Stipulation of Extend Time for Respond 1

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Plaintiff has stated that he intends to file a motion to dismiss under Rule 12 (b) as to one

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or more of the alleged Claims for Relief in the said Counterclaim, on the grounds that it or they fail to

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state a claim upon which relief can be granted;

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. The parties agree, in accordance with the majority of courts that have considered the matter,

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that the filing of a motion to dismiss as to any part of a pleading extends, under Rule 12 (a)(4), the time

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to respond not only as to the claims subject to the motion, but also as those claims that are not subject

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to the motion, until fourteen (14) days after notice of the court's action on the motion, and plaintiff wishes

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this to be made explicit.

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NOW, THEREFORE, in view of the premises, the parties do stipulate and agreed that if plaintiff

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files a timely motion to dismiss under Rule 12 (b) as to any part of the said Counterclaim, plaintiff’s time

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to respond to those claims in the Counterclaim that are not subject to the motion is and shall be also

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extended to and including fourteen (14) days after notice of the court's action on the motion.

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Dated: August 15, 2013

Dated: August 15, 2013

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DOWNEY BRAND LLP

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/s/ Gilbert J. Premo
GILBERT J. PREMO
Attorney for Plaintiff and Counter-Defendant
KEITH R. CLAYTON

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IT IS SO ORDERED.

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By /s/ Matthew J. Weber
MATTHEW J. WEBER
Attorney for Defendant and Counter-Claimant
AUTOMATED GAMING TECHNOLOGIES,
INC.

Dated: 8/16/2013

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/s/ John A. Mendez_____________
JOHN A. MENDEZ
United States District Court Judge

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Stipulation of Extend Time for Respond 2