Rice Aircraft Services, Inc. v. Soars et al

Filing 12

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 4/2/2015 ORDERING that Defendants shall have to and including 4/17/2015, in which to file their responsive pleadings. (Zignago, K.)

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George B. Piggott (SBN 68227)
a member of GEORGE B. PIGGOTT,
A PROFESSIONAL CORPORATION
2603 Main Street, Ninth Floor
Irvine, California 92614-6232
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendants PATRICK SOARS
and AUSTRALIAN NATIVE LANDSCAPES
PTY LTD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ASSIGNED TO:
HON. MORRISON C. ENGLAND, JR.

Plaintiff,

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Case No. 2:14-cv-02878-MCE-EFB

RICE AIRCRAFT SERVICES, INC.,

v.
PATRICK SOARS, an individual, PETER
WEILAND, an individual, WEILAND
AVIATION GROUP, an Australian corporation,
and AUSTRALIAN NATIVE LANDSCAPES
PTY LTD, an Australian proprietary limited
company,

STIPULATION FOR FILIING
RESPONSIVE PLEADING; ORDER
THEREON

Defendants.

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The parties dispute whether Defendants PATRICK SOARS and AUSTRALIAN NATIVE

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LANDSCAPES PTY LTD (“Defendants”) have been properly served. Plaintiff RICE AIRCRAFT

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SERVICES, INC. contends that Defendants have been properly served; Defendants contend that they

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have not. To avoid litigating their dispute regarding proper service,

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IT IS HEREBY STIPULATED, by and between Plaintiff RICE AIRCRAFT SERVICES, INC.

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(“Plaintiff”) and Defendants PATRICK SOARS and AUSTRALIAN NATIVE LANDSCAPES PTY

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LTD (“Defendants”), by and through their respective attorneys, pursuant to Local Rule 144(a), that:

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(1) Defendants will not contest that they were properly served;
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1403918.1

Stipulation for Filing Responsive Pleading

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(2) Defendants shall have to and including April 17, 2015, in which to file their responsive
pleadings to Plaintiff’s Complaint;

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(3) Defendants’ responsive pleadings may include, but shall not be limited to, motions pursuant

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to Rule 12(b)(2) and (6) of the Federal Rules of Civil Procedure to dismiss the action as to Defendants

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for lack of personal jurisdiction and failure to state a claim upon which relief can be granted; and

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(4) This stipulation shall be without prejudice to Defendants’ right to contest whether this court
has personal jurisdiction over them.
DATED: March 31, 2015

/s/ Matthew J. Weber
Matthew J. Weber (State Bar No. 227314)
DOWNEY BRAND LLP

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Attorneys for Plaintiff RICE AIRCRAFT
SERVICES, INC.

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DATED: March 31, 2015

/s/ George B. Piggott
George B. Piggott (State Bar No. 68227)
a member of GEORGE B. PIGGOTT,
A PROFESSIONAL CORPORATION

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Attorney for Defendants PATRICK SOARS and
AUSTRALIAN NATIVE LANDSCAPES PTY
LTD

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ORDER

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In light of the stipulations of the parties made above,

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IT IS SO ORDERED.

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Dated: April 2, 2015

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1403918.1

Stipulation for Filing Responsive Pleading