Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al

Filing 75

ORDER granting Comerica an extension for response. (tf, COURT STAFF) (Filed on 5/28/2010)

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1 2 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 BUCHALTER NEMER A Professional Corporation PETER G. BERTRAND (Bar No. 87883) JULIAN W. MACK (Bar No. 104662) ELIZABETH F. STONE (Bar No. 239285) 333 Market Street, 25th Floor San Francisco, California 94105-2126 Telephone: (415) 227-0900 Facsimile: (415) 227-0770 pbertrand@buchalter.com pmack@buchalter.com estone@buchalter.com Attorneys for Defendant COMERICA BANK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DOLLAR TREE STORES, INC., Plaintiff, v. TOYAMA PARTNERS, LLC and COMERICA BANK, Defendants. STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT COMERICA BANK S RESPONSIVE PLEADING TO PLAINTIFF S FIRST AMENDED COMPLAINT Case No. CV 10-0325 SI Complaint filed: Trial date: January 22, 2010 June 13, 2011 BN 6233785v2 BU C H A L T E R N E M E R A P R O F E SSI O N A L C O RP O RA T I O N SA N F R A N C I SC O STIP. AND ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT - CASE NO. CV 10 0325 SI 1 2 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 Plaintiff Dollar Tree Stores, Inc. ( Plaintiff or Dollar Tree ) and defendants Comerica Bank ( Comerica ) and Toyama Partners, LLC ( Toyama ) (collectively, Defendants ) (each a Party and collectively the Parties ), by and through their respective counsel of record, hereby stipulate and agree as follows: RECITALS 1. On May 10, 2010, Plaintiff filed and served its First Amended and Verified Complaint for Damages and Declaratory Relief, Breach of Contract, Tortious Interference and Unfair Competition ( First Amended Complaint ) in this action. 2. Pursuant to Fed.R.Civ.P. 6(d) and 15(a)(3), Comerica s response to the First Amended Complaint is currently due May 27, 2010. 3. Pursuant to the Court s Pretrial Preparation Order, filed May 10, 2010, a hearing date of July 30, 2010 has been reserved for the hearing of any motion to dismiss the First Amended Complaint filed by Comerica. 4. Comerica s lead counsel, Peter G. Bertrand, Esq., has been diagnosed with pneumonia and will be unable to work or to participate in Comerica s defense in this action for an indeterminate amount of time of at least several weeks. 5. In light of the foregoing, the Parties believe that it would be in the interests of the Court and all of the Parties to extend the date for the filing of Comerica s responsive pleading to the First Amended Complaint to June 18, 2010 and to schedule the briefing on any motion to dismiss the First Amended Complaint filed by Comerica as set forth below. 6. Pursuant to Civil L.R. 6-1(b) and 6-2, the request for enlargement of time stipulated to herein involves papers required to be filed or lodged with the Court other than an initial response to the complaint. Other than with respect to the date of filing of Comerica s responsive pleading to the First Amended Complaint the enlargement of time stipulated to herein will have no effect on the schedule for this case. BN 6233785v2 BU C H A L T E R N E M E R A P R O F E SSI O N A L C O RP O RA T I O N 1 SA N F R A N C I SC O STIP. AND ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT - CASE NO. CV 10 0325 SI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 7. to Comerica.1 There have been no previous time modifications requested or granted with respect STIPULATION Wherefore, the Parties, by and through their counsel of record, hereby stipulate and agree as follows: 1. Comerica s responsive pleading to Plaintiff s First Amended Complaint shall be served and filed on or before June 18, 2010 by electronic means in compliance with Civil L.R. 54 and 5-5(b); 2. Any opposition to a motion to dismiss the First Amended Complaint filed by Comerica shall be served and filed by Plaintiff on or before July 9, 2010 by electronic means in compliance with Civil L.R. 5-4 and 5-5(b); and 3. Any reply in support of a motion to dismiss the First Amended Complaint filed by Comerica shall be served and filed on or before July 16, 2010 by electronic means in compliance with Civil L.R. 5-4 and 5-5(b). Dated: May 21, 2010 FOX ROTHSCHILD LLP /s/ Jay D. Marinstein JAY D. MARINSTEIN Attorneys for Plaintiff DOLLAR TREE STORES, INC. Dated: May 21, 2010 BUCHALTER NEMER A Professional Corporation /s/ Julian W. Mack JULIAN W. MACK Attorneys for Defendant COMERICA BANK 27 28 BU C H A L T E R N E M E R A P R O F E SSI O N A L C O RP O RA T I O N By Stipulation dated February 11, 2010 and by Second Stipulation dated March 1, 2010 and Order filed March 10, 2010, the time for defendant Toyama to file an Answer to Plaintiff s Complaint was extended to March 9, 2010. BN 6233785v2 2 STIP. AND ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT - CASE NO. CV 10 0325 SI SA N F R A N C I SC O 1 2 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 Dated: May 21, 2010 REHON & ROBERTS, APC /s/ Lisa C. Roberts LISA C. ROBERTS Attorneys for Defendant TOYAMA PARTNERS, LLC BN 6233785v2 BU C H A L T E R N E M E R A P R O F E SSI O N A L C O RP O RA T I O N 3 SA N F R A N C I SC O STIP. AND ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT - CASE NO. CV 10 0325 SI 1 2 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 BN 6233785v2 BU C H A L T E R N E M E R A P R O F E SSI O N A L C O RP O RA T I O N ORDER Pursuant to the Stipulation above, IT IS SO ORDERED. DATED: May __, 2010 Susan Illston Judge of the United States District Court 4 SA N F R A N C I SC O STIP. AND ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT - CASE NO. CV 10 0325 SI

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