Nutrition Distribution, LLC v. Enhanced Athlete, Inc.

Filing 5

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/16/17 ORDERING that in the event the settlement discussions are not successful, DEFENDANTS response to the COMPLAINT will be due on September 13, 2017.(Becknal, R)

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1 2 3 4 5 ROBERT TAULER (SBN 241964) Tauler Smith, LLP 626 Wilshire Boulevard, Suite 510 Los Angeles, CA 90017 Telephone: 310-590-3927 Email: Attorney for Plaintiff NUTRITION DISTRIBUTION, LLC 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORIA 10 11 NUTRITION DISTRIBUTION, LLC, an Arizona Limit Liability Company, 12 13 14 15 16 17 Plaintiff, Case No. 2:17-CV-01491-TLN-KJN JOINT STIPULATION; ORDER THEREON vs. ENHANCED ATHLETE, INC. a Wyoming Corporation, and DOES 1 through 10, inclusive, Defendant. Date: Time: Place: Judge: Troy L. Nunley Trial Date: NOT SET 18 19 20 21 22 23 24 25 IT IS STIPULATED, by and between PLAINTIFF and DEFENDANT (the PARTIES), by and through their respective attorneys of record, as follows: Whereas, in the above captioned matter, PLAINTIFF filed a Complaint for False Advertising (COMPLAINT) against DEFENDANT on July 17, 2017 and Whereas, the Complaint was served on DEFENDANT by mail on July 24, 2017; and Whereas, based on a service date of July 24, 2017, DEFENDANT’S response to the 26 COMPLAINT is due on August 14, 2017; and 27 28 1 JOINT STIPULATION AND ORDER THEREON 1 2 Whereas, PLAINTIFF and DEFENDANT are engaged in settlement discussions which will hopefully resolve this matter without further litigation. 3 NOW THEREFORE, the PARTIES agree as follows: 4 PLAINTIFF agrees that DEFENDANT will have a thirty (30) day extension from 5 August 14, 2017 to respond to the COMPLAINT to allow the PARTIES to engage in and 6 conclude settlement discussions to resolve this matter; 7 8 In the event the settlement discussions are not successful, DEFENDANT’S response to the COMPLAINT will be due on September 13, 2017 (30 days from August 14, 2017). 9 10 IT IS SO STIPULATED 11 12 Dated:______8/10/2017_____ 13 Tauler Smith, LLP By:_______/s/Robert Tauler_______________ Robert Tauler Attorneys for PLAINTIFF 14 15 16 Dated:______8/10/2017_____ 17 Law Offices of Judith L. Whitman By:_______/s/Judith L. Whitman___________ Judith L. Whitman Attorneys for DEFENDANT 18 19 ORDER 20 21 22 23 Based on the Stipulation of the parties and good cause appearing therefore, IT IS SO ORDERED. Dated: August 16, 2017 24 25 Troy L. Nunley United States District Judge 26 27 28 2 JOINT STIPULATION AND ORDER THEREON

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