Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc. et al

Filing 83

STIPULATION AND ORDER: American Global Logistics has to 4/10/12 to file a Reply to their Motion to Dismiss (tdm, COURT STAFF) (Filed on 4/9/2012)

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1 2 3 4 5 6 BERMAN FINK VAN HORN P.C. BENJAMIN I. FINK (Georgia Bar No. 261090) NEAL F. WEINRICH (Georgia Bar No. 294586) Bfink@bfvlaw.com nweinrich@bfvlaw.com 3423 Piedmont Road, N.E., Suite 200 Atlanta Georgia 30305 Telephone: (404) 261-7711 Fax: (404) 233-1943 7 8 9 10 11 12 13 14 15 16 LAW OFFICES OF KIRK B. FREEMAN KIRK B. FREEMAN Bar No. 99685 MATTHEW A. MALLET Bar No. 203393 kirk@KBFLaw.com matthew@KBFLaw.com 214 Grant Avenue, Suite 301 San Francisco, California 94108 Telephone: (415) 398-1082 Fax: (415) 391-1285 Attorneys for Defendant AMERICAN GLOBAL LOGISTICS, LLC UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 21 22 23 24 25 26 27 28 SAN FRANCISCO DIVISION MITSUI O.S.K. LINES, LTD; ) ) Plaintiff, ) ) v. ) ) SEAMASTER LOGISTICS, INC.; ) SUMMIT LOGISTICS ) INTERNATIONAL, INC.; and ) AMERICAN GLOBAL LOGISTICS LLC, ) ) Defendants. ) ) ) Case No. C-11-02861 SC STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT AMERICAN GLOBAL LOGISTICS, LLC TO FILE ITS REPLY IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; [PROPOSED] ORDER -1 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT AMERCIAN GLOBAL LOGISTICS, LLC TO FILE ITS REPLY IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; [PROPOSED] ORDER; CASE NO. C-11-02861 SC 1 Whereas, 2 1. On March 16, 2012, Defendant American Global Logistics, LLC (“AGL”) 3 filed its Notice of Motion and Partial Motion to Dismiss Plaintiff’s Second 4 Amended Complaint Pursuant to Rule 12(B)(6) of the Federal Rules of Civil 5 Procedure [DKT 78] (the “Motion”); 6 2. On March 30, 2012, Plaintiff Mitsui O.S.K. Lines, Ltd (“MOL”) filed its 7 Opposition to Defendants’ Partial Motions to Dismiss of SeaMaster Logistics, 8 Inc.; Summit Logistics International, Inc.; and American Global Logistics, 9 LLC (the “Response”) [DKT 80]; 10 3. AGL’s Reply in Support of the Motion (the “Reply”) is due on April 6, 2012; 11 4. AGL’s counsel will be unavailable and out of the office on Friday, April 6, 12 13 14 15 2012, in observance of the Passover holiday; 5. In light of AGL’s counsel’s schedule, MOL’s counsel has agreed that AGL may have an extension through Tuesday, April 10, 2012, to file the Reply; 6. AGL’s Motion is scheduled to be heard on May 4, 2012, thus a two-day 16 extension to allow AGL additional time in which to file the Reply will not 17 impact the current schedule; 18 7. There have been no previous time modifications with respect to the Motion; 19 8. In light of the foregoing, the parties agree that an extension of time for AGL to 20 file the Reply is appropriate; 21 The parties therefore stipulate and respectfully request that the Court order that AGL 22 shall have through and including Tuesday, April 10, 2012, to file the Reply. 23 SO STIPULATED. 24 25 26 [SIGNATURE PAGE FOLLOWS] 27 28 -2 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT AMERCIAN GLOBAL LOGISTICS, LLC TO FILE ITS REPLY IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; [PROPOSED] ORDER; CASE NO. C-11-02861 SC 1 Dated: April 5, 2012 FLYNN, DELICH & WISE LLP 2 3 s/ Conte C. Cicala 4 (signed by Benjamin I. Fink with express permission from Conte C. Cicala) Conte C. Cicala Attorneys for Plaintiff MITSUI O.S.K. LINES, LTD. 5 6 7 Dated: April 5, 2012 BERMAN FINK VAN HORN P.C. 8 9 s/ Benjamin I. Fink Benjamin I. Fink Attorneys for Defendant AMERICAN GLOBAL LOGISTICS, LLC Admitted pro hac vice 10 11 12 13 14 Dated: April 5, 2012 LAW OFFICES OF KIRK B. FREEMAN 15 16 17 18 s/ Kirk B. Freeman Kirk B. Freeman Attorneys for Defendant AMERICAN GLOBAL LOGISTICS, LLC 442542.2 19 20 Judge S 26 A H ER LI RT 25 onti amuel C NO 24 ERED O ORD IT IS S FO 23 R NIA UNIT ED 22 ISTRIC ES D TC AT T RT U O S 21 N F D IS T IC T O R C 27 28 -3 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT AMERCIAN GLOBAL LOGISTICS, LLC TO FILE ITS REPLY IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; [PROPOSED] ORDER; CASE NO. C-11-02861 SC 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 Dated: _____________________________ 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT AMERCIAN GLOBAL LOGISTICS, LLC TO FILE ITS REPLY IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE; [PROPOSED] ORDER; CASE NO. C-11-02861 SC

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