Chicago's Pizza Inc. v. KSM Pizza, Inc.

Filing 27

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/14/2020 EXTENDING Plaintiff/Cross-Defendant Chicago's Pizza Inc.'s last day to file its response to 22 Cross-Complaint by 30 days to 10/9/2020. (Huang, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHICAGO’S PIZZA INC.,

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v.

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Plaintiff,

KSM PIZZA, INC.,
Defendant.

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Case No. 2:19−CV−02373−KJM−CKD
Hon. Kimberly J. Mueller, District Judge
SECOND JOINT STIPULATION AND
ORDER TO EXTEND TIME TO RESPOND
TO CROSS-COMPLAINT BY 30 DAYS TO
ALLOW FOR VDRP MEDIATION

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KSM PIZZA, INC.,

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v.

SHARANPREET ATWAL; et al.,

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Cross-Complainant,

Cross-Defendants.
WHEREAS, Plaintiff Chicago’s Pizza Inc. (“Plaintiff” or “Plaintiff/Cross-Defendant”) filed
its Complaint in Case No. 2:19−CV−02373 against Defendant KSM Pizza, Inc. (“Defendant” or
“Defendant/Cross-Complainant”) on November 22, 2019 (Dkt. 1);
WHEREAS, Plaintiff served the Summons and Complaint on Defendant on February 7, 2020
(Dkt. 7);
WHEREAS, Defendant filed a Motion to Dismiss the Complaint (“MTD”) on March 4,
2020 (Dkt. 9);

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F AEGRE D RINKER
ATTORNEYS AT LAW
LOS ANGELES

SECOND JOINT STIPULATION AND ORDER TO EXTEND TIME TO
RESPOND TO CROSS-COMPLAINT
Case No. 2:19-CV-02373-KJM-CKD

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WHEREAS, on June 26, 2020, the Court held a Status Conference and ordered the

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following: “By way of this order, the court memorialized the parties’ 502 Agreement. After

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consideration of the parties’ comments related to settlement, the court REFERRED the matter to

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the Voluntary Dispute Resolution Program (VDRP) for identification of a neutral as soon as

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practical. This case schedule will become final without further order of the court unless objections

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are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be

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modified except by leave of court upon showing of good cause. All provisions of the court’s

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standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein.”

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(Dkt. 18);

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WHEREAS, the Court issued an Order denying Defendant’s MTD on July 6, 2020, (Dkt.
20);

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WHEREAS, Defendant filed its Answer to the Complaint on July 21, 2020, (Dkt. 21);

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WHEREAS, on July 22, 2020, Defendant filed and served a First Amended Answer and

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Cross Complaint (“Cross-Complaint”) against Plaintiff Chicago’s Pizza Inc., making

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Plaintiff/Cross-Defendant’s responsive pleading initially due August 12, 2020, (Dkt. 22);

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WHEREAS, on August 3, 2020, the VDRP Administrator appointed Andrew Stroud as
VDRP Neutral Attorney (Dkt. 24);
WHEREAS, on August 11, 2020, the Parties stipulated to a 28-day extension, to September

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9, 2020, for Plaintiff/Cross-Defendant to respond to the Cross-Complaint pursuant to Local Rule

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144(a)), to respond to the Complaint (Dkt. 25), which is the only prior extension of this deadline;

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WHEREAS, the parties are in the process of scheduling the VDRP mediation date with Mr.
Stroud’s office for a date in the next several weeks; and
WHEREAS, to allow the parties to attempt to resolve the action through the VDRP, and

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then for Plaintiff/Cross-Defendant to draft a responsive pleading if the VDRP mediation is not

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successful, the Parties have agreed to extend Plaintiff/Cross-Defendant’s time to respond to the

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Cross-Complaint by 30 days, to October 9, 2020 pending the approval of this Court.

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F AEGRE D RINKER
ATTORNEYS AT LAW
LOS ANGELES

-2SECOND JOINT STIPULATION AND ORDER TO EXTEND TIME TO
RESPOND TO CROSS-COMPLAINT
Case No. 2:19-CV-02373-KJM-CKD

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NOW, THEREFORE, BASED ON THE FOREGOING FACTS, THE PARTIES
HEREBY STIPULATE THAT:
Plaintiff/Cross-Defendant Chicago’s Pizza Inc.’s last day to file its pleading in response to

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Defendant/Cross-Complainant’s Cross-Complaint is extended by 30 days, from September 9, 2020,

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to October 9, 2020.

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IT IS SO STIPULATED.

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DATED: September 14, 2020

FAEGRE DRINKER BIDDLE &
REATH LLP

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By: /s/ Michael Jaeger
Michael Jaeger
Louis T. Perry (pro hac vice)

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Attorneys for Plaintiff/Cross-Defendant
CHICAGO’S PIZZA INC.

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DATED: September 14, 2020

LAW OFFICES OF TIMOTHY T. HUBER

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By: /s/ Timothy T. Huber
Timothy T. Huber

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Attorneys for Defendant/Cross-Complainant
KSM PIZZA, INC.

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ATTESTATION
I attest that all other signatories listed, and on whose behalf the filing is submitted, concur in
the filing’s content and have authorized the filing.

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Dated: September 14, 2020

/s/ Michael Jaeger
Michael Jaeger

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F AEGRE D RINKER
ATTORNEYS AT LAW
LOS ANGELES

-3SECOND JOINT STIPULATION AND ORDER TO EXTEND TIME TO
RESPOND TO CROSS-COMPLAINT
Case No. 2:19-CV-02373-KJM-CKD

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IT IS SO ORDERED.

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DATED: September 14, 2020.

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F AEGRE D RINKER
ATTORNEYS AT LAW
LOS ANGELES

-4SECOND JOINT STIPULATION AND ORDER TO EXTEND TIME TO
RESPOND TO CROSS-COMPLAINT
Case No. 2:19-CV-02373-KJM-CKD