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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
CHICAGO’S PIZZA INC.,
11
v.
12
13
Plaintiff,
KSM PIZZA, INC.,
Defendant.
14
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
15
16
KSM PIZZA, INC.,
17
18
v.
SHARANPREET ATWAL; et al.,
19
20
21
22
23
24
25
26
27
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);
28
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
1
WHEREAS, on June 26, 2020, the Court held a Status Conference and ordered the
2
following: “By way of this order, the court memorialized the parties’ 502 Agreement. After
3
consideration of the parties’ comments related to settlement, the court REFERRED the matter to
4
the Voluntary Dispute Resolution Program (VDRP) for identification of a neutral as soon as
5
practical. This case schedule will become final without further order of the court unless objections
6
are filed within fourteen (14) calendar days of this order. The schedule, once final, shall not be
7
modified except by leave of court upon showing of good cause. All provisions of the court’s
8
standing scheduling order for Civil Cases filed concurrently herewith are incorporated therein.”
9
(Dkt. 18);
10
11
WHEREAS, the Court issued an Order denying Defendant’s MTD on July 6, 2020, (Dkt.
20);
12
WHEREAS, Defendant filed its Answer to the Complaint on July 21, 2020, (Dkt. 21);
13
WHEREAS, on July 22, 2020, Defendant filed and served a First Amended Answer and
14
Cross Complaint (“Cross-Complaint”) against Plaintiff Chicago’s Pizza Inc., making
15
Plaintiff/Cross-Defendant’s responsive pleading initially due August 12, 2020, (Dkt. 22);
16
17
18
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
19
9, 2020, for Plaintiff/Cross-Defendant to respond to the Cross-Complaint pursuant to Local Rule
20
144(a)), to respond to the Complaint (Dkt. 25), which is the only prior extension of this deadline;
21
22
23
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
24
then for Plaintiff/Cross-Defendant to draft a responsive pleading if the VDRP mediation is not
25
successful, the Parties have agreed to extend Plaintiff/Cross-Defendant’s time to respond to the
26
Cross-Complaint by 30 days, to October 9, 2020 pending the approval of this Court.
27
28
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
1
2
3
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
4
Defendant/Cross-Complainant’s Cross-Complaint is extended by 30 days, from September 9, 2020,
5
to October 9, 2020.
6
IT IS SO STIPULATED.
7
8
DATED: September 14, 2020
FAEGRE DRINKER BIDDLE &
REATH LLP
9
By: /s/ Michael Jaeger
Michael Jaeger
Louis T. Perry (pro hac vice)
10
11
12
Attorneys for Plaintiff/Cross-Defendant
CHICAGO’S PIZZA INC.
13
14
DATED: September 14, 2020
LAW OFFICES OF TIMOTHY T. HUBER
15
By: /s/ Timothy T. Huber
Timothy T. Huber
16
17
Attorneys for Defendant/Cross-Complainant
KSM PIZZA, INC.
18
19
20
21
22
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.
23
24
Dated: September 14, 2020
/s/ Michael Jaeger
Michael Jaeger
25
26
27
28
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
1
IT IS SO ORDERED.
2
DATED: September 14, 2020.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?