BigTruck Brands Inc. et al v. Thompson et al

Filing 7

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/21/17, ORDERING that defendant Thompson's response to the Complaint is due on 10/23/2017. (Kastilahn, A)

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Alan R. Wechsler/Bar No. 213701
[e-mail]
MOUNTAINSIDE LAW
P.O. Box 3453
Incline Village, NV 89450
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
KELSEN THOMPSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BIGTRUCK BRAND, INC. and
GALEN GIFFORD,
Plaintiffs,

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v.

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KELSEN THOMPSON,
individually and doing business as
“We the Trees Brand”,

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Defendant.

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August 1, 2017
Not Set

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Complaint Filed:
Trial Date:

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STIPULATION AND ORDER
EXTENDING TIME FOR
DEFENDANT TO RESPOND TO
COMPLAINT

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CASE NO. 2:17-CV-01593-KJM-AC
Honorable Kimberly J. Mueller

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND
TO COMPLAINT

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WHEREAS, Plaintiffs BigTruck Brand, Inc. and Galen Gifford

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(collectively, “Plaintiffs”) filed their Complaint in the above-captioned action (the

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“Action”) on August 1, 2017.

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WHEREAS, Defendant Kelsen Thompson, individually and doing business

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as “We the Trees Brand” (“Thompson”), was personally served with the Summons

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and Complaint on August 4, 2017, such that the deadline for Thompson to file his

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response to the Complaint was August 25, 2017.

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WHEREAS, Plaintiffs and Thompson previously have entered into two

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written stipulations to extend the time for Thompson to respond to the Complaint

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by a collective total of twenty-eight (28) days, to and including Friday, September

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22, 2017, in accordance with Eastern District of California Local Rule 144 (a).

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WHEREAS, as a result of the parties’ prior stipulations, the current due date
for Thompson’s response to the Complaint is Friday, September 22, 2017.
WHEREAS, the parties have been actively engaged in settlement
discussions in an effort to reach a resolution of this Action.
WHEREAS, in a further effort to reach an early resolution of this Action, the
parties have agreed to participate in an early private mediation as soon as possible.
WHEREAS, the parties presently are screening potential mediators and

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available dates for the mediation, and expect to attend mediation within the next

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few weeks.

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WHEREAS, there is GOOD CAUSE to extend the due date for Thompson

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to respond to the Complaint to give the parties an opportunity to attempt to resolve

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this case through private mediation in the next few weeks: The parties believe that

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it would facilitate the possible early settlement of this Action, furthering judicial

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economy, if such early private mediation takes place before Thompson files his

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response to the Complaint.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED
between the parties, by and through their counsel of record, that the deadline for
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND
TO COMPLAINT

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Thompson to file and serve his response to the Complaint in the Action shall be

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extended by an additional thirty (30) days, such that Thompson’s response to the

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Complaint shall be due on Monday, October 23, 2017.

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DATED: September 20, 2017

CALL & JENSEN

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By:

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/s/ Deborah A. Gubernick
(as authorized on 09/20/2017)
Deborah A. Gubernick
Attorneys for Plaintiffs
BIGTRUCK BRAND, INC. and
GALEN GIFFORD

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DATED: September 20, 2017

MOUNTAINSIDE LAW

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By:

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/s/ Alan R. Wechsler
Alan R. Wechsler
Attorneys for Defendant
KELSEN THOMPSON

IT IS SO ORDERED.
DATED: September 21, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND
TO COMPLAINT