California Sportfishing Protection Alliance v. Dragon ESP Ltd

Filing 11

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/17/14: Dragon's deadline to respond to the Complaint be, and hereby is, extended to and including January 23, 2015 unless the Parties have by that date submitted a proposed consent decree or other paper reflecting settlement of this action (in which event a response to the Complaint shall not be necessary pending any required Court action on the proposed settlement). (Kaminski, H)

1
2
3
4
5

MICHAEL L. CHARLSON (SBN 122125)
[e-mail]
VINSON & ELKINS LLP
525 Market Street, Suite 2750
San Francisco, California 94105-2763
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant
DRAGON ESP, LTD.

6
7
8
9
10
11

DOUGLAS J. CHERMAK (SBN 233382)
[e-mail]
LOZEAU DRURY LLP
410 12th Street, Suite 250
Oakland, California 94607
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15
16

CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE , a non-profit corporation,

17

19

STIPULATION AND ORDER
EXTENDING TIME TO RESPOND
TO COMPLAINT

Plaintiff,

18

vs.
DRAGON ESP LTD., a corporation,

20

Case No. 2:14-CV-01380-TLN-AC

Assigned to: District Judge Troy L.
Nunley

Defendant.

21
22
23

Plaintiff California Sportfishing and Protection Alliance (“CSPA”) and Defendant Dragon

24

Products ESP, Ltd. (“Dragon”) (together, the “Parties”), through their respective counsel of record,

25

hereby stipulate to, and seek the Court’s approval of, an order extending time for Dragon to move,

26

answer, or otherwise respond to CSPA’s Complaint for Declaratory and Injunctive Relief and Civil

27

Penalties (the “Complaint”).

28

///
-1STIP AND ORDER EXTENDING TIME FOR SUBMISSION OF JOINT STATUS REPORT; CASE NO.: 2:14-CV-01380-TLN-AC

1

RECITALS

2

WHEREAS, CSPA commenced this action with the filing of its Complaint on June 9, 2014;

3

WHEREAS, by letter dated September 26, 2014, CSPA asked Dragon to waive service of

4

summons; and Dragon executed a Waiver of Service of Summons on September 29, 2014;

5

WHEREAS, the Parties have been engaged in discussions aimed at resolving this dispute;

6

WHEREAS, those discussions have been productive and are ongoing;

7

WHEREAS, consistent with the progress towards settlement, the Parties previously

8

stipulated and agreed to extend Dragon’s deadline to move, answer, or otherwise respond to the

9

Complaint by 28 days, to and including December 23, 2014, pursuant to Local Rule 144(a);

10

WHEREAS, consistent with the progress towards settlement, the Parties stipulated and

11

agreed and the Court has so ordered that the Parties’ time to submit a joint status report is extended

12

to and including January 23, 2014;

13

WHEREAS, in light of the substantial progress the Parties have made towards settlement, the

14

Parties believe it would minimize the burden on the Court and conserve the Parties’ resources to

15

defer the preparation and submission of Dragon’s response to the Complaint for a short additional

16

amount of time;

17

WHEREAS, the Parties believe that by late January, they should either have reached a

18

settlement of this matter or have determined that they will be unable to agree upon terms of a

19

settlement in the present posture of the dispute such that it would then be appropriate to return to a

20

normal litigation posture; and

21

WHEREAS, the Parties do not anticipate seeking any further extension of Dragon’s deadline

22

to move, answer, or otherwise respond to the Complaint in the event a settlement is not reached, and

23

instead expect that Dragon would, in that event, respond to the Complaint at the expiration of the

24

extension sought by this Stipulation.

25
26

STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the

27

Parties, through their respective undersigned counsel, and subject to the approval of the Court, that

28

the Parties will continue working to resolve this dispute through settlement. To the extent the Parties
-2STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT; CASE NO.: 2:14-CV-01380-TLN-AC

1

have not by then already submitted a proposed consent decree or other settlement paper to the Court,

2

Dragon’s deadline to move, answer, or otherwise respond to the Complaint is extended to and

3

including January 23, 2015.

4
5

Dated: December 16, 2014

6

VINSON & ELKINS LLP
By: /s/ Michael L. Charlson________________
Michael L. Charlson

7

Attorneys for Defendant
DRAGON ESP, LTD.

8
9
10

Dated: December 16, 2014

LOZEAU DRURY LLP
By: /s/ Douglas J. Chermak (as authorized on_
December 16, 2014)_____________________
Douglas J. Chermak

11
12

Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

13
14
15
16
17

ORDER
Pursuant to stipulation of the Parties and for good cause shown, it is HEREBY ORDERED

18

that Dragon’s deadline to respond to the Complaint be, and hereby is, extended to and including

19

January 23, 2015 unless the Parties have by that date submitted a proposed consent decree or other

20

paper reflecting settlement of this action (in which event a response to the Complaint shall not be

21

necessary pending any required Court action on the proposed settlement).

22

IT IS SO ORDERED.

23
24

Dated: December 17, 2014

25
26
27

Troy L. Nunley
United States District Judge

28
-3STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT; CASE NO.: 2:14-CV-01380-TLN-AC