Advanced Laboratories International, LLC v. Valentus International et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/11/2017 ORDERING that Counterdefendants response to, and any counterclaims to, the First Amended Counterclaims are due on 4/21/2017 and Counterclaimants response to any Counterclaim to the First Amended Counterclaims are due 5/22/2017. (Zignago, K.)

Steven Benjamin, Esq. (Cal. Bar. No.176784)
1127 18th Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Roger Jaffe, Esq. (Cal. Bar. No.126818)
770 L Street, Suite 950
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and Counterdefendants
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ADVANCED LABORATORIES INTERNATIONAL,
LLC,

Case No. 2:17-cv-00141-TLN-CMK
STIPULATION AND ORDER RE
FILING OF RESPONSIVE
PLEADING TO AMENDED
COUNTERCLAIMS

Plaintiff,
v.
VALENTUS INTERNATIONAL; DAVE JORDAN,
and DOES 1-20, inclusive,
Defendants.___________________________________
VALENTUS, INC., a Nevada Corporation; and
DAVID JORDAN, an individual;
Counterclaimants,
v.
ADVANCED LABORATORY INTERNATIONAL,
LLC; a Nevada limited liability company, and LOUIS
VOLPE, an individual;
Counterdefendants.

1
STIPULATION RE RESPONSE TO AMENDED COUNTERCLAIMS

Defendants/Counterclaimants and Plaintiff/Counter-Defendants, by and through their
respective counsel of record, hereby stipulate and agree as follows:
1.

Counterclaimants filed their Answer and original Counterclaims on January 30,

2017. (Dkt. No. 3). Counterclaimants stipulated to provide Counter-Defendants additional time
to respond to the Counterclaims to March 6, 2017. (Dkt. No. 5).
2.

Counter-Defendant Louis Volpe filed a Motion to Dismiss pursuant to Fed. R.

Civ. P. 12(b)(6) on March 6, 2017 (Dkt. No. 7). Counter-Defendant Advanced Laboratory
International, LLC (“Advanced Labs”) filed an Answer to the Counterclaims on March 7, 2017.
(Dkt. No. 9).
3.

Counterclaimants filed their First Amended Counterclaims on March 27, 2017.

(Dkt. No. 12).
4.

On March 30, 2017, the Court issued a Minute Order striking the First Amended

Counterclaims, and stating that because Advanced Labs answered the original Counterclaims,
Counterclaimants must seek leave of Court before filing an amended counterclaim. (Dkt. No.
13).
5.

On April 7, 2017, the Court issued a Minute Order unstriking the the First

Amended Counterclaims and deeming the First Amended Counterclaims filed as of March 27,
2017.
6.

Per Federal Rule of Civil Procedure 15(a)(3), unless the court orders otherwise,

any required response to an amended pleading must be made within the time remaining to
respond to the original pleading or within 14 days after service of the amended pleading,
whichever is later.
7.

By operation of the Court’s April 7, 2017 Minute Order, responsive pleadings to

the nunc pro tunc unstricken First Amended Counterclaims would be due on April 10, 2017.
2
STIPULATION RE RESPONSE TO AMENDED COUNTERCLAIMS

8.

In the interest justice, the parties stipulate Counterdefendants Response to, and

any counterclaims to, the First Amended Counterclaims be due on April 21, 2017 (14 days after
the April 7, 2017 Minute Order).
9.

Counsel for Defendants/Counterclaimants will be traveling for his honeymoon

from April 23 through May 9, 2017. Therefore, the parties stipulate that Counterclaimants’
response to any counterclaim to the First Amended Counterclaims be due May 22, 2017.
DATED this 10th day of April, 2017.
Respectfully submitted,
COAST LAW GROUP, LLP
By: /s/ Ross M. Campbell
Ross M. Campbell (Cal. Bar No. 234827)
1140 South Coast Highway 101
Encinitas, California 92024
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendants and Counterclaimants

BENJAMIN LAW OFFICES
/s/ Steven Benjamin
Steven Benjamin, Esq. (Cal. Bar. No.176784)
1127 18th Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and Counterdefendants
/s/ Roger Jaffe
Roger Jaffe, Esq. (Cal. Bar. No.126818)
770 L Street, Suite 950
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and Counterdefendants
3
STIPULATION RE RESPONSE TO AMENDED COUNTERCLAIMS

ORDER
Pursuant to the stipulation between the parties, Counterdefendants Response to, and any
counterclaims to, the First Amended Counterclaims be due on April 21, 2017 and
Counterclaimants response to any Counterclaim to the First Amended Counterclaims are due
May 22, 2017.

Date: April 11, 2017

Troy L. Nunley
United States District Judge

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STIPULATION RE RESPONSE TO AMENDED COUNTERCLAIMS