California Sportfishing Protection Alliance v. Cemex Construction Materials Pacific, LLC

Filing 7

ORDER signed by District Judge Morrison C. England, Jr on 7/28/2017 ORDERING Defendant shall have an EXTENSION of time, up to and including 8/28/2017; to file a responsive pleading to 1 Complaint. (Washington, S)

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MITCHELL CHADWICK LLP
PATRICK G. MITCHELL (SBN 124420)
SARAH M. TAYLOR (SBN 296520)
3001 Lava Ridge Court, Suite 120
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
CEMEX Construction Materials Pacific, LLC
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiff,

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vs.
CEMEX CONSTRUCTION MATERIALS
PACIFIC, LLC., a Delaware corporation
Defendant.

Case No. 2:17-cv-00272-MCE-CKD
STIPULATION TO EXTEND TIME TO
RESPOND TO INITIAL COMPLAINT
BY 28 DAYS; ORDER
District Judge Morrison C. England, Jr.
Magistrate Judge Carolyn K. Delaney
Complaint filed: February 8, 2017
Current response date: July 31, 2017
New response date: August 28, 2017

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WHEREAS, the complaint in this action was filed on February 8, 2017 (“Complaint”) by

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plaintiff The California Sportfishing Protection Alliance (“Plaintiff”) against defendant CEMEX

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Construction Materials Pacific, LLC (“Defendant” or “CEMEX”);

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WHEREAS, Defendant waived service on May 2, 2017;

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WHEREAS, pursuant to Local Rule 144, Plaintiff and Defendant stipulated to extend

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Defendant’s time to respond to the Complaint by 28 days on June 28, 2017;

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WHEREAS, Defendant must currently respond to the Complaint by July 31, 2017.

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WHEREAS, Plaintiff and Defendant have been engaged in settlement discussions and

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anticipate reaching settlement in the coming weeks; and

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WHEREAS, in light of ongoing settlement discussions, the parties believe it to further the

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interests of judicial economy to extend the time for Defendant to respond to the Complaint by 28

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT; ORDER
CASE NO: 2:17-CV-00272-MCE-CKD

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days.
THEREFORE, Plaintiffs and CEMEX hereby stipulate that CEMEX may respond to the

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Complaint by no later than August 28, 2017.

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IT IS SO STIPULATED.

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Dated: July 26, 2017

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MITCHELL CHADWICK LLP
By:

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Attorneys for Defendant
CEMEX Construction Materials Pacific,
LLC.

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/s/ Sarah M. Taylor
PATRICK G. MITCHELL
SARAH M. TAYLOR

Dated: July 26, 2017

LOZEAU DRURY LLP
By:

/s/ Douglas Chermak (as authorized on July
26, 2017)
MICHAEL R. LOZEAU
DOUGLAS J. CHERMAK
Attorneys for Plaintiff
The California Sportfishing Protection
Alliance

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT; ORDER
CASE NO: 2:17-CV-00272-MCE-CKD

ORDER

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Having read and considered the Joint Stipulation for Order Extending Time to

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Respond to Initial Complaint of CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC

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(“Defendant”) and THE CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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(“Plaintiff”), and good cause appearing therefore,

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IT IS ORDERED that the application is GRANTED, as follows:

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Defendant shall have an extension of time, up to and including August 28, 2017, to file a

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responsive pleading to Plaintiff’s initial complaint.

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IT IS SO ORDERED.
Dated: July 28, 2017

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT; ORDER
CASE NO: 2:17-CV-00272-MCE-CKD