Khan v. Orkin Exteminating Company, Inc. et al

Filing 7

STIPULATION AND ORDER TO EXTEND BY 21 DAYS DEFENDANTS LAST DAY TO RESPOND TO PLA'S CLASS ACTION COMPLAINT. Signed by Judge Joseph C. Spero on 06/04/10. (klh, COURT STAFF) (Filed on 6/4/2010)

Case3:10-cv-02156-JCS Document4

Filed06/03/10 Page1 of 5

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Mark L. Eisenhut, Bar No. 185039 Matthew R. Orr, Bar No. 211097 CALL & JENSEN A Professional Corporation 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Defendants H. Tim Hoffman, Bar No. 49141 Arthur W. Lazear, Bar No. 83603 Morgan M. Mack, Bar No. 212659 Hoffman & Lazear 180 Grand Avenue, Suite 1550 Oakland, CA 94612 T: [phone] F: [phone]

Thomas F. Campbell, Esq. Pending Pro Hac Vice Admission D. Keiron McGowin, Esq. Pending Pro Hac Vice Admission Campbell Law, P.C. 16 100 Concourse Parkway, Suite 115 17 Birmingham, AL 35244 T: [phone]
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A PROFESSIONAL CORPORATION

Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OF CALIFORNIA

CALL & JENSEN

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AMIR KHAN, on behalf of himself and all 24 others similarly situated,,
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Case No. C10-02156 ADR (JCS) STIPULATION TO EXTEND BY 21 DAYS DEFENDANTS ORKIN EXTERMINATING COMPANY, INC., ROLLINS, INC., ORKIN, INC. AND ORKIN, LLC'S LAST DAY TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT

Plaintiffs, vs.

ORKIN EXTERMINATING COMPANY, 28 INC. a Delaware corporation; ROLLLINS,
ORK01-04:657176_1:6-3-10

-1STIPULATION TO EXTEND BY 21 DAYS DEFENDANTS ORKIN EXTERMINATING COMPANY, INC., ROLLINS, INC., ORKIN, INC. AND ORKIN, LLC'S LAST DAY TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT

Case3:10-cv-02156-JCS Document4

Filed06/03/10 Page2 of 5

INC. a Delaware corporation; ORKIN, INC., a Delaware corporation; ORKIN, 2 LLC, a Delaware Limited Liability 3 Corporation,
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A PROFESSIONAL CORPORATION

Defendants. Complaint Filed: May 19, 2010 Trial Date: None Set

IT IS HEREBY STIPULATED by and between Plaintiff Amir Kahn ("Plaintiff") and Defendants Orkin Exterminating Company, Inc., Rollins, Inc., Orkin, Inc., and Orkin, LLC ("Defendants" and, together with Plaintiff, the "Parties"), by and through their undersigned counsel of record, as follows: Whereas, Defendants were recently served with the above-captioned class action Complaint; and Whereas, absent this Stipulation, Defendants' last day to respond to Plaintiff's Complaint is June 11, 2010; and Whereas, Defendants ­ out-of-state corporations ­ have only recently engaged defense counsel, and defense counsel has requested, and received, from Plaintiff, an additional twenty-one (21) days in which to assess and analyze Plaintiff's Complaint and prepare an appropriate response; and Whereas, Northern District Rule 6-1(a) provides that parties may stipulate to extend the time within which to respond to a complaint provided the change will not alter the date for any hearing set by the court; and
ORK01-04:657176_1:6-3-10

CALL & JENSEN

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-2STIPULATION TO EXTEND BY 21 DAYS DEFENDANTS ORKIN EXTERMINATING COMPANY, INC., ROLLINS, INC., ORKIN, INC. AND ORKIN, LLC'S LAST DAY TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT

Case3:10-cv-02156-JCS Document4

Filed06/03/10 Page3 of 5

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A PROFESSIONAL CORPORATION

Whereas, the change in responsive pleading date resulting from the Parties' Stipulation will not alter the date for any hearing set by this Court. WHEREFORE, good cause being shown: The Parties Stipulate that Defendants shall have an additional twenty-one (21) days, up to and including July 2, 2010, in which to respond to Plaintiff's Complaint.

Dated: June 3, 2010

CALL & JENSEN A Professional Corporation Mark L. Eisenhut Matthew R. Orr By: /s/ Mark L. Eisenhut Mark L. Eisenhut Attorneys for Defendants

Dated: June 3, 2010

HOFFMAN & LAZEAR ARTHUR W. LAZEAR MORGAN M. MACK By:/s/ Morgan M. Mack Morgan M. Mack Attorneys for Plaintiff Amir Kahn Signature Certification

CALL & JENSEN

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Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and 23 Procedures Manual, I hereby certify that the content of this document is acceptable to Morgan M. Mack, counsel for plaintiff Amir Kahn, and that I have obtained Mr. 24 Mack's's authorization to affix his electronic signature to this document
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ORK01-04:657176_1:6-3-10

Dated: June 3, 2010

By: /s/ Mark L. Eisenhut Mark L. Eisenhut Attorneys for Defendants

-3STIPULATION TO EXTEND BY 21 DAYS DEFENDANTS ORKIN EXTERMINATING COMPANY, INC., ROLLINS, INC., ORKIN, INC. AND ORKIN, LLC'S LAST DAY TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT

Case3:10-cv-02156-JCS Document4

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CERTIFICATE OF SERVICE (United States District Court)

I am employed in the County of Orange, State of California. I am over the age of 4 18 and not a party to the within action; my business address is 610 Newport Center Drive, Suite 700, Newport Beach, CA 92660.
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On June 3, 2010, I have served the foregoing document described as STIPULATION TO EXTEND BY 21 DAYS DEFENDANTS ORKIN 7 EXTERMINATING COMPANY, INC., ROLLINS, INC., ORKIN, INC. AND ORKIN, LLC'S LAST DAY TO RESPOND TO PLAINTIFF'S CLASS ACTION 8 COMPLAINT on the following person(s) in the manner(s) indicated below:
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SEE ATTACHED SERVICE LIST

[ X ] (BY ELECTRONIC SERVICE) I am causing the document(s) to be served on 12 the Filing User(s) through the Court's Electronic Filing System.
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[ x ] (FEDERAL) I declare that I am a member of the Bar and a registered Filing User for this District of the United States District Court.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this Certificate is executed on June 3, 16 2010, at Newport Beach, California.
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A PROFESSIONAL CORPORATION

s/Mark L. Eisenhut__________________ Mark L. Eisenhut
S DISTRICT TE C TA

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Dated: June 4, 2010

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CALL & JENSEN

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ORK01-04:657176_1:6-3-10

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-4STIPULATION TO EXTEND BY 21 DAYS DEFENDANTS ORKIN EXTERMINATING COMPANY, INC., ROLLINS, INC., ORKIN, INC. AND ORKIN, LLC'S LAST DAY TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT

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Case3:10-cv-02156-JCS Document4

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H. Tim Hoffman, Esq. Arthur W. Lazear, Esq. Morgan M. Mack, Esq. Hoffman & Lazear 180 Grand Avenue, Suite 1550 Oakland, CA 94612 T: [phone] F: [phone]

SERVICE LIST Attorneys for Plaintiffs

Thomas F. Campbell, Esq. D. Keiron McGowin, Esq. 8 Campbell Law, P.C. 100 Concourse Parkway, Suite 115 9 Birmingham, AL 35244 10 T: [phone]
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A PROFESSIONAL CORPORATION

Attorneys for Plaintiffs Pending Pro Hac Vice Admission

CALL & JENSEN

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ORK01-04:657176_1:6-3-10

-5STIPULATION TO EXTEND BY 21 DAYS DEFENDANTS ORKIN EXTERMINATING COMPANY, INC., ROLLINS, INC., ORKIN, INC. AND ORKIN, LLC'S LAST DAY TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT