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

Filing 76

ORDER granting extension of time to answer re 74 (tf, COURT STAFF) (Filed on 6/1/2010)

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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 Lisa C. Roberts (SBN 111982) Tyler J. Olson (SBN 220796) REHON & ROBERTS A Professional Corporation 830 The Alameda San Jose, CA 95126 Telephone: (408) 494- 0900 Facsimile: (408) 494- 0909 Attorneys for Defendant TOYAMA PARTNERS, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DOLLAR TREE STORES, INC., Plaintiff, v. TOYAMA PARTNERS, LLC and COMERICA BANK, Defendants. Case No. CV 10 0325 MEJ STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TOYAMA PARTNERS, LLC ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT 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), Toyama's response to the First Amended Complaint is currently due May 27, 2010. 1 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT StipToExtendTime_Toyama.doc 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 3. An employee of Toyama with knowledge necessary for the preparation of Toyama's answer to the First Amended Complaint will be on vacation until June 1, 2010. 4. 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 Toyama's responsive pleading to the First Amended Complaint to June 2, 2010. 5. 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 Toyama'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. 6. Defendant Toyama agrees that it will not seek a further enlargement to file an Answer to Plaintiff's First Amended Complaint. 7. 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. Defendant Comerica has filed a stipulation dated May 21, 2010 to extend its time to file its responsive pleading to June 18, 2010, and the stipulation is pending before the Court. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ 2 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT StipToExtendTime_Toyama.doc 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 27, 2010 DATED: May 27, 2010 STIPULATION WHEREFORE, the Parties, by and through their counsel of record, hereby stipulate and agree as follows: 1. Toyama's answer to Plaintiff's First Amended Complaint shall be served and filed on or before June 2, 1010 by electronic means in compliance with Civil L.R. 5-4 and 5-5b. DATED: May 27, 2010 FOX ROTHSCHILD LLP By: Jay D. Marinstein /s/ JAY D. MARINSTEIN Attorneys for Plaintiff DOLLAR TREE STORES, INC. REHON & ROBERTS A Professional Corporation By: Lisa C. Roberts /s/ Lisa C. Roberts Attorneys for Defendant TOYAMA PARTNERS, LLC BUCHALTER NEMER A Professional Corporation By: Julian W. Mack /s/ JULIAN W. MACK Attorneys for Defendant COMERICA BANK 3 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT StipToExtendTime_Toyama.doc 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 ORDER Pursuant to the Stipulation above, IT IS SO ORDERED. DATED: May __, 2010 Susan Illston Judge of the United States District Court 4 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADING TO FIRST AMENDED COMPLAINT StipToExtendTime_Toyama.doc

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