Dale v. Keefe Kaplan Maritime, Inc. et al

Filing 17

ORDER EXTENDING TIME TO RESPOND TO COMPLAINT re 16 Stipulation filed by Helmut's Marine Service. Signed by Judge Maria-Elena James on 4/6/2010. (mejlc1, COURT STAFF) (Filed on 4/6/2010)

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Dennis E. Simmons, #142310 THE SIMMONS FIRM 30 Professional Center Pkwy, Ste. A San Rafael, CA 94903 Telephone: [phone] Facsimile: 415.479-1708 Attorney for Defendant HELMUT'S MARINE SERVICE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOSEPH DALE, Plaintiff, v. KEEFE KAPLAN MARITIME, INC., VOLVO PENTA OF THE AMERICAS, INC., HC COMPOSITES LLC, HCGB COMPOSITES, LLC; WORLD CLASS CATAMARANS, WORLD CAT; HELMUT'S MARINE SERVICE, Defendants.

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Case No. CV 10-526 MEJ STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 6-1(a)) Complaint Served: March 15, 2010 Current Response Date: April 5, 2010 New Response Date: April 19, 2010

Defendant Helmut's Marine Service, by and through its attorneys of record, 20 and Joseph Dale ("Plaintiff"), by and through his attorneys of record, hereby 21 stipulate and agree as follows: 22 WHEREAS, Plaintiff's Initial Complaint was filed on February 5, 2010, and 23 served on March 15, 2010; 24 WHEREAS, Defendant Helmut's Marine Service's response to Plaintiff's 25 Initial Complaint is currently due on April 5, 2010; 26 WHEREAS, Defendant Helmut's Marine Service has not requested or 27 obtained any prior extensions to respond to the Initial Complaint; 28
S T I P U L A T I O N TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT
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WHEREAS, pursuant to Local Rule 6-1(a), counsel for Defendant Helmut's Marine Service and counsel for Plaintiff have agreed to extend the period of time in which Defendant may answer or otherwise plead in response to Plaintiff's Initial Complaint by fourteen (14) days. IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN COUNSEL AS FOLLOWS: Defendant Helmut's Marine Service shall have up to and including April 19, 2010 within which to answer or otherwise plead in response to Plaintiff's Initial Complaint. IT IS SO STIPULATED. DATED: April 5, 2010 THE SIMMONS FIRM

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S T I P U L A T I O N TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT
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/s/ Dennis E. Simmons Dennis E. Simmons Attorneys for Defendant HELMUT'S MARINE SERVICE

BIRNBERG & ASSOCIATES

/s/ Corey A. Birnberg Corey A. Birnberg Attorneys for Plaintiff

PURSUANT TO STIPULATION, IT IS SO ORDERED. April 6 DATED: _________________, 2010

____________________________________ The Hon. Maria-Elena James United States Magistrate Judge Northern District of California

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IN THE UNITED STATES DISTRICT COURT/Northern District of California CASE NAME: Dale v. Keefe Kaplan Maritime, Inc., et al. CASE NUMBER: CV 10-526 MEJ PROOF OF SERVICE BY U.S. MAIL On April 5, 2010, I served via United States mail a copy of the following document: STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS in the within action. At the time of service, (1) my business address was 30 Professional Center Parkway, Ste. A, San Rafael, California 94903; (2) I was employed in the County of Marin, California; (3) I was over the age of 18 and not a party to the within action; (4) I was familiar with my business' practice for collection and processing of correspondence for mailing with the United States Postal Service; (5) I placed the document in envelopes addressed as follows: Cory A. Birnberg, Esq. Birnberg & Associates 1083 Mission Street, 3rd Floor San Francisco, CA 94103 Attorney for Plaintiff Dale Attorney for Volvo Penta George G. Robb, Esq. Gibson Robb & Lindh LLP 100 First Street, 27th Floor San Francisco, CA 94105 Attorneys for HC Composites LLC, et al. Joshua A. Southwick, Esq. Gibson, Robb & Lindh 100 First Street, 27th Floor San Francisco, CA 94105 Brian A. Kelly, Esq. Duane Morris LLP One Market, Spear Tower Suite 2000 San Francisco, 94105-1104

and, (6) the envelopes were sealed and placed for collection and mailing in accordance with ordinary business practices. I declare under penalty of perjury under the laws of the United States of American that all of the foregoing statements are true and correct and, if called upon, would testify competently thereto. Executed on April 5, 2010, in San Rafael, California. /s/ Susan Ardery Susan Ardery

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