Compu-Link Corp. v. PHH Mortgage Corp.

Filing 36

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 01/19/23 EXTENDING the deadline for Celink to file an amended complaint to 02/17/23 and SETTING the following dates: The deadline for PHH to respond to Celink's amende d complaint: 03/17/23; in the event PHH moves to dismiss the amended complaint, the deadlines for Celink's Opposition and PHH's Reply will be governed by the FRCP and Local Rules; Initial Disclosures due no later than 14 days after PHH answers Celink's amended complaint; Parties to file a stipulated protective order and ESI Protocol by 02/01/23. (Benson, A.)

Case 2:22-cv-00983-KJM-KJN Document 36 Filed 01/19/23 Page 1 of 4
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Jennifer L. Gray (State Bar No. 287855)
Christopher G. Emch (State Bar No. 168877)
FOSTER GARVEY PC
1800 Century Park East, Suite 600
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
COMPU-LINK CORPORATION, DBA
CELINK

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Richard A. Jacobsen (pro hac vice)
Thomas N. Kidera (pro hac vice)
ORRICK, HERRINGTON & SUTCLIFFE LLP
51 West 52nd Street
New York, NY 10019-6142
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Aaron M. Rubin (State Bar No. 320880)
ORRICK, HERRINGTON & SUTCLIFFE LLP
2050 Main Street, Suite 1100
Irvine, CA 92614-8255
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
PHH MORTGAGE CORPORATION

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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COMPU-LINK CORPORATION, DBA
CELINK a Michigan Corporation,
Plaintiff,
v.
PHH MORTGAGE CORPORATION, a
New Jersey Corporation,
Defendant.

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Case No. 2:22-cv-00983-KJM-KJN
JOINT STIPULATION FOR
EXTENSION OF TIME TO FILE AND
RESPOND TO FIRST AMENDED
COMPLAINT; [PROPOSED] ORDER
Action Filed: June 3, 2022
Trial Date: None Set

Plaintiff Compu-Link Corporation, dba Celink (“Celink”), and Defendant PHH Mortgage
Corporation (“PHH”) (collectively, the “Parties”) in the above-captioned action, by and through
their respective counsel of record, file this Joint Stipulation for Extension of Time to File and
Respond to First Amended Complaint.
WHEREAS, Celink filed the Complaint in this action on June 3, 2022 (ECF #1);

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-1JOINT STIPULATION FOR EXTENSION
OF TIME TO FILE AND RESPOND TO AMENDED COMPLAINT

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FG: 100895473.2

Case 2:22-cv-00983-KJM-KJN Document 36 Filed 01/19/23 Page 2 of 4
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WHEREAS, PHH filed a motion to dismiss the Complaint (“Motion to Dismiss”) to dismiss
the Complaint on July 29, 2022 (ECF #12);
WHEREAS, the Court issued an Order, dated December 27, 2022, granting PHH’s Motion
Dismiss in part, with leave to amend (“Order”) (ECF #34);

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WHEREAS, the Order included a Rule 16 Scheduling Order setting a January 20, 2023

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deadline for Celink to file an amended complaint and directing PHH to respond within the

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timeframe allowed under the Federal Rules and this District’s Local Rules;

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WHEREAS, Celink intends to file an amended complaint;

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WHEREAS, the Parties have met and conferred concerning the deadlines for filing and

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responding to an amended complaint;
WHEREAS, the Parties have not sought any previous extensions with respect to these
deadlines;

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IT IS THEREFORE STIPULATED, AGREED, AND JOINTLY REQUESTED by the

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Parties that the Court amend the deadlines for Celink to file, and PHH to respond to, an amended

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Complaint as follows:

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

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2023.


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The deadline for Celink to file an amended complaint shall be February 17,

The deadline for PHH to respond to Celink’s amended complaint shall be
March 17, 2023.



In the event PHH moves to dismiss the amended complaint, the deadlines for

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Celink’s Opposition and PHH’s Reply will be governed by the Federal Rules

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of Civil Procedure and this District’s Local Rules.

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

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Initial Disclosures shall be filed no later than 14 days after PHH answers
Celink’s amended complaint.



The Parties shall file a stipulated protective order and ESI Protocol no later than
February 1, 2023.

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-2JOINT STIPULATION FOR EXTENSION
OF TIME TO FILE AND RESPOND TO AMENDED COMPLAINT

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FG: 100895473.2

Case 2:22-cv-00983-KJM-KJN Document 36 Filed 01/19/23 Page 3 of 4
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IT IS SO STIPULATED.
Dated: January 12, 2023

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FOSTER GARVEY PC
By: /s/ Jennifer L. Gray
Jennifer L. Gray
Christopher G. Emch

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Attorneys for Plaintiff Compu-Link
Corporation, dba Celink

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Dated: January 12, 2023

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ORRICK, HERRINGTON & SUTCLIFFE LLP
By: /s/ Aaron M. Rubin
Richard A. Jacobsen
Thomas N. Kidera
Aaron M. Rubin

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Attorneys for Defendant PHH Mortgage
Corporation

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FILER’S ATTESTATION

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**Filer attests that all other signatories listed, and on whose behalf the filing is submitted, concur in

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the filing’s content and have authorized the filing.

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Dated: January 12, 2023

/s/ Jennifer L. Gray
Jennifer L. Gray

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-3JOINT STIPULATION FOR EXTENSION
OF TIME TO FILE AND RESPOND TO AMENDED COMPLAINT

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FG: 100895473.2

Case 2:22-cv-00983-KJM-KJN Document 36 Filed 01/19/23 Page 4 of 4
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ORDER
Having reviewed the Parties’ JOINT STIPULATION FOR EXTENSION OF TIME TO
FILE AND RESPOND TO AMENDED COMPLAINT, it is Ordered that:


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2023


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Rules of Civil Procedure and this District’s Local Rules.


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Initial Disclosures shall be filed no later than 14 days after PHH answers
Celink’s amended complaint.



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In the event PHH moves to dismiss the amended complaint, the deadlines
for Celink’s Opposition and PHH’s Reply will be governed by the Federal

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The deadline for PHH to respond to Celink’s amended complaint shall be
March 17, 2023.

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The deadline for Celink to file an amended complaint shall be February 17,

The Parties shall file a stipulated protective order and ESI Protocol no later
than February 1, 2023.

DATED: January 19, 2023.

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-4JOINT STIPULATION FOR EXTENSION
OF TIME TO FILE AND RESPOND TO AMENDED COMPLAINT

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FG: 100895473.2