KFD Enterprises Inc v. City of Eureka

Filing 222

STIPULATION AND ORDER REGARDING DEFENDANT FIRBIMATIC SpA's RESPONSE TO PLAINTIFF KFD ENTERPRISES, INC.'S SECOND AND THIRD AMENDED COMPLAINTS. Signed by Judge Maxine M. Chesney on April 13, 2010. Granting Firbimatic 35 days to respond to KFD's complaint and serve initial disclosures after the Court's ruling on KFD's motion for leave. (mmclc2, COURT STAFF) (Filed on 4/13/2010).

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8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone]

Eric Grant (Bar No. 151064) [e-mail] Hicks Thomas LLP 8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone] Facsimile: [phone] Paula Whitten (Bar No. 255811) [e-mail] Hicks Thomas LLP 700 Louisiana Street, Suite 2000 Houston, Texas 77002 Telephone: [phone] Facsimile: [phone] Counsel for Defendant FIRBIMATIC SpA

11 12 13 14 15 16 Plaintiff, 17 v. 18 CITY OF EUREKA, et al., 19 Defendants, 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

HICKS THOMAS LLP

KFD ENTERPRISES, INC., a California corporation dba Norman's Dry Cleaner,

AND ALL RELATED CROSS-CLAIMS AND THIRD-PARTY CLAIMS.

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No. 3:08-cv-04571-MMC
STIPULATION AND PROPOSED ORDER REGARDING DEFENDANT FIRBIMATIC SpA'S RESPONSE TO PLAINTIFF KFD ENTERPRISES, INC.'S SECOND AND THIRD AMENDED COMPLAINTS [Civil L.R. 7-12]

Pursuant to Civil L.R. 7-12, Plaintiff KFD Enterprises, Inc. ("KFD") and Defendant Firbimatic SpA ("Firbimatic") hereby stipulate and request judicial action as follows: WHEREAS, KFD served its Second Amended Complaint (Doc. 122, filed Oct. 6, 2009) on Firbimatic on or about February 4, 2010; WHEREAS, KFD subsequently sought this Court's leave to file a Third Amended Complaint that would add a new claim against Firbimatic (Doc. 180, filed Feb. 12, 2010); and
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1 No. 3:08-cv-04571-MMC Stipulation re Defendant Firbimatic's Response to Plaintiff KFD's Second and Third Amended Complaints

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8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: [phone]

WHEREAS, in the interest of efficiency and judicial economy, KFD and Firbimatic desire to minimize the number of filings in this matter, THEREFORE, KFD and Firbimatic stipulate that (1) If the Court grants KFD's pending motion for leave to file a Third Amended Com-

plaint, Firbimatic shall have thirty-five (35) days to respond to such complaint after it is filed; (2) If the Court denies KFD's pending motion for leave, Firbimatic shall have thirty-

five (35) days after such denial to respond to KFD's Second Amended Complaint; and (3) Firbimatic shall serve its initial disclosures pursuant to Federal Rule 26(a)(1) at the

same time as it files its response to KFD's outstanding complaint as set forth above. Dated: April 12, 2010. Respectfully submitted, /s/ Eric Grant Eric Grant Paula Whitten Hicks Thomas LLP Counsel for Defendant FIRBIMATIC SpA

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{00135623.DOC}

HICKS THOMAS LLP

(The filer hereby attests that concurrence in the filing of this document has been obtained from the signatory below.) GREBEN & ASSOCIATES /s/ Jan A. Greben Jan A. Greben Danielle De Smeth Attorneys for Plaintiff KFD Enterprises, Inc., a California corporation, dba Norman's Dry Cleaner

PURSUANT TO STIPULATION, IT IS SO ORDERED.

13 Dated: April _____, 2010. MAXINE M. CHESNEY United States District Judge

2 No. 3:08-cv-04571-MMC Stipulation re Defendant Firbimatic's Response to Plaintiff KFD's Second and Third Amended Complaints