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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ROBERT TAULER (SBN 241964)
Tauler Smith, LLP
626 Wilshire Boulevard, Suite 510
Los Angeles, CA 90017
Telephone: [phone]
Email: [e-mail]
Attorney for Plaintiff
NUTRITION DISTRIBUTION, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORIA

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NUTRITION DISTRIBUTION, LLC, an
Arizona Limit Liability Company,

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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

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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

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COMPLAINT is due on August 14, 2017; and
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JOINT STIPULATION AND ORDER THEREON

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Whereas, PLAINTIFF and DEFENDANT are engaged in settlement discussions which
will hopefully resolve this matter without further litigation.

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NOW THEREFORE, the PARTIES agree as follows:

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PLAINTIFF agrees that DEFENDANT will have a thirty (30) day extension from

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August 14, 2017 to respond to the COMPLAINT to allow the PARTIES to engage in and

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conclude settlement discussions to resolve this matter;

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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).

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IT IS SO STIPULATED

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Dated:______8/10/2017_____

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Tauler Smith, LLP
By:_______/s/Robert Tauler_______________
Robert Tauler
Attorneys for PLAINTIFF

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Dated:______8/10/2017_____

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Law Offices of Judith L. Whitman
By:_______/s/Judith L. Whitman___________
Judith L. Whitman
Attorneys for DEFENDANT

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ORDER

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Based on the Stipulation of the parties and good cause appearing therefore, IT IS SO
ORDERED.
Dated: August 16, 2017

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Troy L. Nunley
United States District Judge

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JOINT STIPULATION AND ORDER THEREON