EZ Pedo, Inc. v. Mayclin Dental Studio, Inc.

Filing 9

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/18/16 GRANTING the parties' stipulation to extend the deadline to respond to the complaint to July 22, 2016 to allow jurisdictional discovery as provided for by the parties' stipulation above. (Becknal, R)

1 Michael L. Meeks (SBN: 172000)
[e-mail]
2 Paul J. Fraidenburgh (SBN: 280354)
[e-mail]
3 BUCHALTER NEMER
A Professional Corporation
4 18400 Von Karman Avenue, Suite 800
Irvine, CA 92612-1121
5 Telephone: [phone]
Fax: [phone]
6
Attorneys for Plaintiff
7 EZ PEDO, INC.
8
9 Adam P. Gislason, (SBN: 212540)
[e-mail]
10 LOMMEN ABDO, P.A.
1000 International Centre, 920 Second Ave. S.
11 Minneapolis, MN 55402
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Mayclin Dental Studio, Inc.,
a Minnesota corporation, individually and
14 dba Kinder Krowns, and Does 1-10
15

UNITED STATES DISTRICT COURT

16

FOR THE EASTERN DISTRICT OF CALIFORNIA

17

18 EZ PEDO, INC., a California
corporation,
19
Plaintiff,
20
vs.
21
MAYCLIN DENTAL STUDIO, INC.,
22 a Minnesota corporation, individually
and dba KINDER KROWNS; and
23 DOES 1-10,
24

Case No. 2:16-cv-00731-KJM-CKD

STIPULATION AND ORDER
EXTENDING TIME TO RESPOND
TO COMPLAINT TO ALLOW
JURISDICTIONAL DISCOVERY

Defendants.

25
26 / / /
27 / / /
28
BUCHALTER NEMER
A PROFESSIONAL CORPORATION
IRVINE

1
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
COMPLAINT TO ALLOW JURISDICTIONAL DISCOVERY
BN 20772709v1

1

Pursuant to Local Rule 144(a), all parties hereby request the Court’s approval

2 of the following stipulation extending the time for Defendant Mayclin Dental
3 Studio, Inc. dba Kinder Krowns to file an Answer or other responsive pleading by
4 an additional 60 days to allow the Plaintiff to conduct jurisdictional discovery:
5

STIPULATION

6

WHEREAS, Defendant’s responsive pleading is currently due on May 18,

7 2016;
8

WHEREAS, the parties previously stipulated to a 14-day extension allowing

9 Defendant to file its responsive pleading by May 18, 2016;
10

WHEREAS, Defendant has indicated its intent to file a motion challenging

11 personal jurisdiction and Plaintiff has requested the opportunity to take preliminary
12 discovery limited to the issue of personal jurisdiction over Defendant in California;
13

WHEREAS, on May 13, 2016, counsel for the parties had a meet and confer

14 to discuss the bases for and points of conflict of Defendant’s motion;
15

WHEREAS, good cause exists for the Court to approve this stipulation so

16 that the Court and all parties can benefit from the jurisdictional discovery prior to
17 briefing or ruling on Defendant’s proposed motion challenging personal
18 jurisdiction;
19

NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

20

(1)

The time for Defendant Mayclin Dental Studio, Inc. dba Kinder

21

Krowns to file an answer or other responsive pleading shall be

22

extended by an additional 65 days, with the new deadline to file a

23

responsive pleading set for July 22, 2016;

24

(2)

Plaintiff shall be entitled to conduct expedited written and deposition

25

discovery related to the following issues:

26

a.

27

b.

28
BUCHALTER NEMER
A PROFESSIONAL CORPORATION
IRVINE

Defendant’s sales in California;

Defendant’s advertising and marketing activities in California or
2
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
COMPLAINT TO ALLOW JURISDICTIONAL DISCOVERY
BN 20772709v1

1

directed at California;

2

c.

Defendant’s presence in California including for example

3

attendance at trade shows, conferences, and other marketing

4

events in California;

5

d.

Defendant’s website activity including sales, marketing, and

6

whether it has been accessed from California-based IP

7

addresses;

8

e.

9

Defendant’s shipments to California, including shipments of
products, samples, promotional materials, or any other items;

10

f.

11

Defendant’s business dealings with other persons or companies
located in California;

12

g.

Defendant’s business relationships and agreements with

13

distributors or sales representatives offering or marketing

14

Defendant’s products in California;

15

h.

16

company; and

17

i.

18
19

Defendant’s knowledge that Plaintiff is a California-based

Defendant’s employees’ or officers’ physical appearances in
California for any business purpose.

(3)

All confidential, financial and proprietary information of Defendant

20

shall be subject to a stipulated protective order to be entered into by

21

the parties pursuant to Local Rule 141.1 and 143;

22

(4)

The following expedited discovery response deadlines shall apply to

23

Plaintiff’s jurisdictional discovery:

24

a.

Plaintiff’s written discovery shall consist of no more than ten

25

(10) requests for production of documents, ten (10) requests for

26

admission and ten (10) interrogatories, which shall be served no

27

later than fourteen (14) days after the filing of the Court’s Order
3
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
COMPLAINT TO ALLOW JURISDICTIONAL DISCOVERY

28
BUCHALTER NEMER
A PROFESSIONAL CORPORATION
IRVINE

BN 20772709v1

1

approving this Stipulation;

2

b.

As to requests for production of documents, without waiver of

3

Defendant’s rights to object and/or assert privileges, Defendant

4

shall serve written responses and responsive documents on

5

Plaintiff within 21 days of receiving Plaintiff’s requests for

6

production;

7

c.

As to requests for admission and interrogatories, without waiver

8

of Defendant’s rights to object and/or assert privileges,

9

Defendant shall serve responses on Plaintiff within 14 days of

10

receiving requests for admission and interrogatories.

11

d.

12
13

The parties stipulate to accept service of the aforementioned
discovery requests and discovery responses by email.

(5)

Within 14 days of the date of the Court’s approval of this Stipulation,

14

Plaintiff will serve a deposition notice on Defendant and Defendant

15

will produce its person most qualified to testify as to the jurisdictional

16

issues outlined above at a mutually agreeable date and time, in

17

Minneapolis, Minnesota, no later than July 18, 2016.

18

(6)

19
20

Nothing in this Stipulation shall be construed as a waiver of any claim
or defense by any party to this case.

(7)

21

This Stipulation shall become effective only upon the filing of the
Court’s Order approving this Stipulation.

22 So stipulated.
23
24 DATED: May 16, 2016
25

BUCHALTER NEMER
A Professional Corporation

26
27
28
BUCHALTER NEMER
A PROFESSIONAL CORPORATION
IRVINE

4
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
COMPLAINT TO ALLOW JURISDICTIONAL DISCOVERY
BN 20772709v1

1

By: /s/ Paul J. Fraidenburgh
PAUL J. FRAIDENBURGH

2

Attorneys for Plaintiff
EZ PEDO, INC.

3
4
5

Dated: May 16, 2016

LOMMEN ABDO, P.A.

6
7

/s/ Adam P. Gislason
Adam P. Gislason
(As authorized in writing on 5/16/16.)

8
9

ATTORNEYS FOR DEFENDANT
MAYCLIN DENTAL STUDIO, INC.
DBA KINDER KROWNS

10
11
12

ORDER

13
14

Good cause appearing, the court GRANTS the parties’ stipulation to extend

15 the deadline to respond to the complaint to July 22, 2016 to allow jurisdictional
16 discovery as provided for by the parties’ stipulation above.
17

IT IS SO ORDERED.

18 Dated: May 18, 2016
19
20
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
BUCHALTER NEMER
A PROFESSIONAL CORPORATION
IRVINE

5
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO
COMPLAINT TO ALLOW JURISDICTIONAL DISCOVERY
BN 20772709v1