MyECHeck, Inc. v. Zipmark, Inc. et al

Filing 22

STIPULATION and ORDER signed by Judge John A. Mendez on 3/30/15 re 21 EXTENDING Zipmark's time to further respond to the Complaint by 30 days and Zipmark's Answer shall be due no later than 4/30/15. (Meuleman, A)

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1 2 3 4 5 6 PAUL D. TRIPODI II, State Bar No. 162380 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 633 West Fifth Street Suite 1550 Los Angeles, CA 90071 Telephone: (323) 210-2900 Facsimile: (866) 974-7329 Email: ptripodi@wsgr.com Attorneys for Defendants ZIPMARK, INC. and JAY BHATTACHARYA 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MYECHECK, INC. a California Corporation, 11 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) ZIPMARK, INC., JAY BHATTACHARYA, and ) Does 1 – 20, Inclusive, ) ) Defendants. ) ) ) ) 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION 14-CV-2399-JAM-KJN CASE NO.: 14-CV-2399-JAM-KJN JOINT STIPULATION EXTENDING THE TIME TO ANSWER Judge: Hon. John A. Mendez 1 Pursuant to L.R. 143 and L.R. 144, the parties jointly submit this Stipulation. 2 WHEREAS, on October 10, 2014, plaintiff MyECheck, Inc. (“Plaintiff”) filed the above- 3 captioned complaint against Zipmark, Inc. and Jay Bhattacharya (collectively “Defendants”) 4 (ECF No.1); 5 6 7 WHEREAS, Plaintiff did not serve a copy of the Complaint on Defendants, but Defendants subsequently agreed to waive service pursuant to Fed. R. Civ. P. 4(d); WHEREAS, on December 23, 2014, the parties submitted a joint stipulation waiving 8 service and setting a date of January 8, 2015 for Defendants to answer, move, or otherwise 9 respond to the Complaint (ECF No. 5); 10 11 12 WHEREAS, on January 8, 2015, Defendants moved to dismiss the Complaint in its entirety (ECF No. 6); WHEREAS, on March 17, 2015, the Court granted in part and denied in part Defendants’ 13 motion to dismiss the Complaint, and, inter alia, dismissed all claims against Defendant Jay 14 Bhattacharya (ECF No. 19); 15 16 WHEREAS, Defendant Zipmark, Inc. (“Zipmark”) has not yet filed an Answer to the Complaint; 17 WHEREAS, Zipmark’s Answer is presently due March 31, 2015; 18 WHEREAS, the parties would like to have additional time to engage in settlement 19 20 discussions prior to Zipmark’s Answer being filed; It is hereby STIPULATED AND AGREED by and between the undersigned counsel for 21 the parties that Zipmark’s time to further respond to the Complaint shall be extended by thirty 22 (30) days, and Zipmark’s Answer shall be due no later than April 30, 2015. 23 24 25 26 27 28 JOINT STIPULATION 14-CV-2399-JAM-KJN 1 Dated: March 27, 2015 2 By: /s/ Brian R. Katz Brian R. Katz 3 4 Attorney for Plaintiff MyECheck, Inc. 5 6 7 Dated: March 27, 2015 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 8 9 By: /s/ Paul D. Tripodi, II Paul D. Tripodi, II 10 11 Attorneys for Defendants Zipmark, Inc. and Jay Bhattacharya 12 13 14 15 Dated: March 30, 2015 IT IS SO ORDERED 16 /s/ John A. Mendez____________ Honorable Judge John A. Mendez 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION CV-00543-JAM-KJN -2-

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