Advanced Multilevel Concepts, Inc. et al v. Stalt, Inc. et al

Filing 36

STIPULATION AND ORDER Extending time to Respond and Reply to Motion to Dismiss,. Signed by Judge Samuel Conti on 3/15/12. (tdm, COURT STAFF) (Filed on 3/15/2012)

1
2
3

Chan Xu, SBN 277566
2240 Bay Street #304
San Francisco, California 94123
[phone]
[e-mail]

4
5
6

Attorney for Plaintiffs
Advanced Multilevel Concepts,
Inc. and Able Direct Marketing

7
8
9

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

ADVANCED MULTILEVEL CONCEPTS, )
)
INC. and ABLE DIRECT MARKETING,
)
)
Plaintiffs,
)
)
vs.
)
STALT, INC, HILLARD M. STERLING, )
ESQ., FREEBORN & PETERS LLP and )
)
DOES 1 through 30, inclusive.
)
)
Defendants.
)

CASE NO. 4:11-cv-06679-SC
Assigned for all purposes to:
Hon. Samuel Conti
STIPULATED REQUEST FOR AN
ORDER EXTENDING TIME TO
RESPOND
Before: Hon. Samuel Conti
Compliant filed on December 28, 2012

18
19
20

PURSUANT TO CIVIL L.R. 6-2, Plaintiffs Advanced Multilevel Concepts, Inc. and
Able Direct Marketing and Defendants Freeborn & Peters, LLP and Hillard M. Sterling hereby

21

stipulate, subject to the order of this Court, to extend the time for the filing of Responses to

22

Motion to Dismiss and Special Motion to Strike from the time now provided as March 26, 2012

23

to April 11, 2012, and extend accordingly the time for filing of Replies from the time now

24

provided as April 9, 2012 to April 25, 2012. In support of this request and for the information of

25
the Court in considering this stipulation the Parties jointly state as follows:
26
27
28
STIPULATED REQUEST FOR AN ORDER CHANGING TIME 1

1
2

I.

REASONS FOR THE REQUESTED ENLARGEMENT OF TIME

On March 12, 2012, Defendants Hillard Sterling and Freeborn & Peters filed a Motion to

3
4
5

Dismiss and Motion to Strike Complaint. The Responses are due on March 26, 2012. The
Replies are due on April 9, 2012, 14 days after the filing of the Responses instead of 7 days

6

required by the CIVIL L.R. 7-3(c) . On March 13, 2012, Plaintiffs filed a Motion for Partial

7

Judgment on the Pleading against Stalt, pursuant to Fed. R. Civ. P. 12(c). The Response to the

8

12(c) Motion is due on March 27, 2012. The Reply is due on April 3, 2012.

9

With three motions filed consecutively and all scheduled to be heard on May 4, 2012, the

10
parties believe additional time is necessary to prepare the respective Responses and Replies.
11
12
13
14

II.

DISCLOSURE OF PREVIOUS TIME MODIFICATIONS

Defendants have previously sought an Ex Parte Application for an extension of time to

15

respond the Complaint on January 25, 2012. The Magistrate Judge granted the extension. On

16

February 24, 2012, the parties filed a stipulated extension of time to respond the Complaint.

17
18

III.

19
20

EFFECT OF THE TIME MODIFICATION ON THE SCHEDULE OF
THE CASE

On March 7, 2012, Defendant filed Declination To Proceed Before A Magistrate Judge

21

And Request For Reassignment To A United States District Judge. On March 9, 2012, the case

22

was reassigned to this Court. No Order Setting Initial Case Management Conference was entered

23

by this Court yet.

proposed order will not affect the schedule of the case.

24
25
26
27

IV.

CONCLUSION

WHEREFORE, the parties respectfully request the court to act favorably upon
this stipulation and enter an order extending the time for the filing of Responses to Motion to

28
STIPULATED REQUEST FOR AN ORDER CHANGING TIME 2

1

Dismiss and Motion to Strike, and extend accordingly the filing of Replies for sixteen days

2

respectively from the dates now set, as detailed above.

3
4
5

DATED: March 13, 2012

6
By: /s/
CHAN XU
Attorneys for Plaintiffs
ADVANCED MULTILEVEL
CONCEPTS, INC. and ABLE DIRECT
MARKETING

7
8
9
10
11
12
13
14
15
16

DATED: March 13, 2012

LONG & LEVIT LLP

17
18
19
20
21

By: /s/
JOSEPH P. MCMONIGLE
KATHLEEN M. EWINS
JOHN B. SULLIVAN
Attorneys for Defendants
HILLARD M. STERLING, ESQ. and
FREEBORN & PETERS, LLP

22
23
24
25
26
27
28
STIPULATED REQUEST FOR AN ORDER CHANGING TIME 3

1
2
3

Chan Xu, SBN 277566
2240 Bay Street #304
San Francisco, California 94123
[phone]
[e-mail]

4
5
6

Attorney for Plaintiffs
Advanced Multilevel Concepts, Inc.
Able Direct Marketing

7
8
9

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

ADVANCED MULTILEVEL CONCEPTS, )
)
INC. and ABLE DIRECT MARKETING,
)
)
Plaintiffs,
)
)
vs.
)
STALT, INC, HILLARD M. STERLING, )
ESQ., FREEBORN & PETERS LLP and )
)
DOES 1 through 30, inclusive.
)
)
Defendants.
)

CASE NO. 4:11-cv-06679-SC
Assigned for all purposes to:
Hon. Samuel Conti
[PROPOSED] ORDER RE:
STIPULATED REQUESTED FOR AN
ORDER CHANGING TIME
Judge:

Hon. Samuel Conti

The above captioned matter, having come before this Court, after consideration of the

19
stipulated request filed in this Court, IT IS HEREBY ORDER that Plaintiffs Advanced Multilevel
20
21

Concepts, Inc. may have until and including Wednesday, April 11, 2012 to file Responses to
Motion to Dismiss and Motion to Strike filed by Defendants, and accordingly, Defendants

23

Freeborn & Peters, LLP and Hillard M. Sterling may have until and including Wednesday, April

24

25, 2012 to file Replies to Plaintiffs Responses.

25

3/15/12
Date: ________________

UNIT
ED

R NIA

onti

LI
A

H

ER

FO

amuel C

Judge S

RT

28

____________________________
D
HONORABLE O ORDERE CONTI
SAMUEL
IT IS S
SENIOR DISTRICT COURT JUDGE
NO

27

ISTRIC
ES D
TC
AT
T

RT
U
O

26

S

22

N

F
D I S T I STALT
ORDER FOR JUDGMENT ON THE PLEADINGS ADVANCED MULTILEVEL CONCEPTS V. C T O
R

C

1