Clayton v. Automated Gaming Technologies, Inc.

Filing 83

STIPULATION and ORDER signed by Judge John A. Mendez on 1/29/2/014 re: 82 Stipulation and Proposed Order; AGT's time to file First Amended Counterclaim shall be EXTENDED to and including 2/10/2014; 5 days beyond the 30 days from the filing of said counterclaim. (Waggoner, D)

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1 2 3 GILBERT J. PREMO (Bar No. 48503) 500 Northfield Lane Lincoln, CA 95648-8321 Telephone: (415) 974-6664 Facsimile: (415) 762-5350 gilbertpremo@gmail.com 4 5 Attorney for Plaintiff and Counter-Defendant KEITH R. CLAYTON 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH R. CLAYTON, 12 Plaintiff, 13 14 15 16 17 18 v. AUTOMATED GAMING TECHNOLOGIES, INC., a Nevada corporation, et al. STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO AGT's FIRST AMENDED COUNTERCLAIMS ORDER THEREON Defendants. ___________________________________ AUTOMATED GAMING TECHNOLOGIES, INC., a Nevada corporation, 19 Counter-Claimant v. 20 21 Case No. 2:13-cv-00907-JAM-EFB KEITH R. CLAYTON, Counter-Defendant. 22 23 This stipulation is made by and between plaintiff and counter-defendant Keith R. Clayton 24 25 26 (“plaintiff”) and defendant and counter-claimant Automated Gaming Technologies, Inc. (“AGT”), through their respective counsel, with reference to the following facts: A. On January 6, 2014, AGT filed, and served by electronic mail herein, AGT's "FIRST 27 28 AMENDED COUNTERCLAIMS" against plaintiff. 1324926.1 1 STIPULATION FOR EXTENSION TO RESPOND TO FIRST AMENDED COUNTERCLAIM 1 2 3 B. The Court's Order of November 27, 2013 (Docket No. 59) granting plaintiff's motion to dismiss AGT original counterclaim, with leave to amend, provided that if AGT filed an amended counterclaim, plaintiff's response shall be filed within 30 days thereafter. 4 5 6 7 C. Plaintiff has raised a question as to whether his time to respond is extended by electronic service under FRCP Rule 6, but in any event AGT is willing to stipulate that the time for plaintiff to respond to AGT's "FIRST AMENDED COUNTERCLAIMS" be extended to and including February 10, 2014. 8 9 10 11 NOW THEREFORE, it is hereby stipulated and agreed that plaintiff's time to respond to AGT's "FIRST AMENDED COUNTERCLAIM" shall be extended to and including FEBRUARY 10, 2014, which is an extension of five (5) days beyond 30 days from the filing of said counterclaim. DOWNEY BRAND LLP 12 13 DATED: January 28, 2013 14 /s/__Gilbert J. Premo__________ ________ GILBERT J. PREMO Attorney for Plaintiff and Counter-Defendant KEITH R. CLAYTON 15 16 17 DATED: January 28, 2013 DOWNEY BRAND LLP 18 19 By: /s/ Katie Konz KATIE KONZ Attorneys for Defendant and Counter-Claimant AUTOMATED GAMING TECHNOLOGIES, INC. 20 21 22 IT IS SO ORDERED 23 DATED: January 29, 2014 /s/ John A. Mendez_________________________ United States District Court Judge 24 25 26 27 28 1324926.1 2 STIPULATION FOR EXTENSION TO RESPOND TO FIRST AMENDED COUNTERCLAIM

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