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

Filing 9

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 08/28/17 ORDERING that the due date of defendant's responsive pleading to Plaintiff's initial complaint is EXTENDED to 10/27/17. (Benson, A.)

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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,

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Plaintiff,

Case No. 2:17-cv-00272-MCE-CKD
JOINT STIPULATION TO EXTEND
TIME TO RESPOND TO INITIAL
COMPLAINT BY 60 ADDITIONAL
DAYS; ORDER

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

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District Judge Morrison C. England, Jr.
Magistrate Judge Carolyn K. Delaney
Complaint filed: February 8, 2017
Current response date: August 28, 2017
New response date: October 27, 2017

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WHEREAS, the complaint in this action was filed on February 8, 2017 (“Complaint”) by
plaintiff The California Sportfishing Protection Alliance (“Plaintiff”) against defendant CEMEX
Construction Materials Pacific, LLC (“Defendant”);
WHEREAS, Defendant waived service on May 2, 2017;
WHEREAS, pursuant to Local Rule 144, Plaintiff and Defendant stipulated to extend
Defendant’s time to respond to the Complaint by 28 days on June 28, 2017;
WHEREAS, Judge England granted the Parties’ Stipulation for Order Extending Time on

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

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July 31, 2017;

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WHEREAS, Defendant must currently respond to the Complaint by August 28, 2017;

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WHEREAS, Plaintiff and Defendant have agreed on material terms of settlement and are

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in the process of drafting the written settlement agreement;

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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 60

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days; and

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THEREFORE, Plaintiff and Defendant hereby stipulate that Defendant may respond to
the Complaint by no later than October 27, 2017.
IT IS SO STIPULATED.

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Dated: August 23, 2017

MITCHELL CHADWICK LLP
By:

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/s/ Patrick G. Mitchell
PATRICK G. MITCHELL
SARAH M. TAYLOR
Attorneys for Defendant
CEMEX Construction Materials Pacific,
LLC.

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Dated: August 23, 2017

LOZEAU DRURY LLP
By:

/s/ Douglas J. Chermak (as authorized on
August 23, 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 AND 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 SO ORDERED that the stipulation is granted as follows:

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Defendant shall have an extension of time, up to and including October 27, 2017, to file a

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responsive pleading to Plaintiff’s initial complaint.

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IT IS SO ORDERED.
Dated: August 28, 2017

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