High v. The Choice Manufacturing Company, Inc. et al

Filing 112

STIPULATION AND ORDER re 111 TO EXTEND TIME TO FILE AMENDED COMPLAINT filed by Jackie L. High, Travis Peavy, Loretta Alva. Signed by Judge Edward M. Chen on 8/21/12. (bpf, COURT STAFF) (Filed on 8/21/2012)

1
2
3
4

THE MEHDI FIRM
AZRA Z. MEHDI (220406)
One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
[e-mail]

5
Counsel for Plaintiffs
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
JACKIE L. HIGH, et al.,
11
Plaintiffs,
12
13

vs.
THE CHOICE MANUFACTURING
COMPANY, INC., et al.,

14
Defendants.
15
16
17
18
19
20
21
22
23
24
25
26
27
28

)
)
)
)
)
)
)
)
)
)
)

Case No. 3:11-CV-05478-EMC
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO FILE AMENDED
COMPLAINT

1
2
3

WHEREAS, on July 24 2012, the Court issued an Order Granting Defendants’ Motions
to Dismiss (Dkt. Nos. 65, 67) (“Order”);
WHEREAS, on July 24, 2012, the Court gave plaintiffs leave to amend the non-RICO

4
fraud-related claims against defendants Mepco Finance Corporation (“Mepco”) and Independent
5
6
7
8

Bank Corporation (“Independent Bank”) (Order at 20);
WHEREAS, plaintiffs and defendants The Choice Manufacturing Company, Inc., a.k.a.,
The Choice Warranty, Inc. (collectively, “Choice”) and Peter Masi reached a settlement;

9

WHEREAS, on August 10, 2012, plaintiffs filed a Notice of Voluntary Dismissal with

10

Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) as to defendants Choice and Peter Masi (Dkt.

11

No. 110);

12
13
14
15
16
17
18

WHEREAS, plaintiffs and defendants Mepco and Independent Bank are currently
engaged in discussions to resolve the pending litigation;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between plaintiffs, Mepco
and Independent Bank through their respective counsel and subject to the Court’s approval that:
The amended complaint currently due on August 23, 2012 be extended up to and
including, September 14, 2012 (the same day as the currently schedule Case Management

19
Conference), or an alternative date that the Court determines suitable to allow the parties to
20
21
22

continue their settlement discussions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

23
24
25
26
27
28

STIP. & [PROPOSED] ORDER TO EXTEND TIME
TO FILE AMENDED COMPLAINT

-1-

No. 3:11-cv-05478-EMC

1

DATED: August 21, 2012

2

Respectfully submitted,
THE MEHDI FIRM

3

/s/
AZRA Z. MEHDI

4

One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]

5
6
7

Counsel for Plaintiffs

8
DATED: August 21, 2012

VARNUM LLP

9
/s/
BRYON B. DOYLE (Pro Hac Vice)

10
11

Bridgewater Place
P.O. Box 352
Grand Rapids, MI 49501
Telephone: [phone]
Fax: [phone]
[e-mail]

12
13
14

Counsel for Defendants Mepco Finance
Corporation and Independent Bank Corporation

15
16
17
18
19
20
21
22
23
24
25
26
27
28

Pursuant to General Order No. 45 Section X(B), all signatories concur in filing
Stipulation to Extend Time to File Amended Complaint.
STIP. & [PROPOSED] ORDER TO EXTEND TIME
TO FILE AMENDED COMPLAINT

-2-

No. 3:11-cv-05478-EMC

1
2

/s/
AZRA Z. MEHDI

Dated: August 21, 2012

3

*

4

*

*

[PROPOSED] ORDER

5

S

21
DATED: August __, 2012

S DISTRICT
TE
C
TA

RT
U
O

9
10

RT

11

ER

13

A

H

12

n

M. Che

LI

NO

dward
Judge E

R NIA

THE HONORABLE EDWARD D CHEN
DERE M.
SO OR COURT JUDGE
UNITED STATES DISTRICT
IT IS

8

FO

7

PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

6

N

D IS T IC T
R

OF

C

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. & [PROPOSED] ORDER TO EXTEND TIME
TO FILE AMENDED COMPLAINT

-3-

No. 3:11-cv-05478-EMC

1

CERTIFICATE OF SERVICE

2

I hereby certify that on August 21, 2012, I authorized the electronic filing of the

3

Stipulation and [Proposed] Order to Extend Time to File Amended Complaint, with the Clerk of

4
the Court using the CM/ECF system which will send notification of such filing to the e-mail
5
6
7
8

addresses denoted on the attached Electronic Mail Notice.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on August 21, 2012.

9
/s/
AZRA Z. MEHDI

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. & [PROPOSED] ORDER TO EXTEND TIME
TO FILE AMENDED COMPLAINT

-4-

No. 3:11-cv-05478-EMC