The Men's Wearhouse, Inc v. DJ's Kooler Service et al

Filing 15

ORDER CONTINUING HEARING ON MOTION TO TRANSFER VENUE OR DISMISS 7 , ORDERING SERVICE, AND GRANTING STIPULATION TO EXTEND TIME. Motion Responses due by 12/3/2012. Replies due by 12/10/2012. Motion Hearing set for 3/7/2013 11:00 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler.. Signed by Judge Laurel Beeler on 11/28/2012. (lblc1, COURT STAFF) (Filed on 11/28/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division THE MEN’S WEARHOUSE, INC., a Texas corporation, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiff, 13 v. 14 ORDER CONTINUING MOTION HEARING, ORDERING SERVICE, AND GRANTING STIPULATION TO EXTEND TIME DJ’S KOOLER SERVICE et al., 15 No. C 12-05318 LB Defendants. _____________________________________/ 16 17 Plaintiff filed this lawsuit on October 16, 2012. See ECF No. 1.1 Defendants First Business 18 Capital Corporation ("FBCC"), and Specialized Transportation Agent Group, Inc. ("Specialized 19 Transportation"), appeared in the case. FBCC filed a Motion to Transfer Case to the Western 20 District of Wisconsin or, in the Alternative, to Dismiss for Improper Venue on November 9, 2012, 21 that is set for a hearing on December 20, 2012. See ECF No. 8. The Men's Wearhouse, Inc. and 22 FBCC have consented to this court's jurisdiction. See ECF Nos. 6 and 10. Specialized 23 Transportation has not yet consented or declined. Defendants DJ's Kooler Service, Frate, Inc., and 24 The Suddath Companies, have not appeared, and the docket does not reflect that they have been 25 served. The 120-day period to serve the Defendants expires on February 13, 2013. See Fed. R. Civ. 26 P. 4(m). 27 28 1 Citations are to the Electronic Case File ("ECF") with pin cites to the electronicallygenerated page number at the top of the document. C 12-05318 LB (ORDER) 1 Under the circumstances, the court vacates the December 20, 2012 hearing and re-sets it to 2 March 7, 2013 at 11:00 a.m. Plaintiff is directed to serve Defendants DJ's Kooler Service, Frate, 3 Inc., and The Suddath Companies by February 13, 2013 and to file proof of service by February 20, 4 2013 or risk dismissal of the unserved Defendants under Federal Rule of Civil Procedure 4(m). 5 In addition, on November 28, 2012, Defendant Specialized Transportation filed a stipulation to 6 extend the time for it to respond to FBCC's motion. See ECF No. 14. Normally, the court would not 7 permit a party to file an opposition later than November 29, 2012 because a later date would not 8 allow the court sufficient time to prepare for the hearing after receiving the reply brief. See briefing 9 schedule in Civil L.R. 7-2(a), 7-3(a), and 7-3(c) (If FBCC's motion were filed the minimum 35 days continuing the hearing date, however, the stipulation is GRANTED and Specialized Transportation 12 For the Northern District of California before hearing, the opposition would have been due on November 29, 2012). Because the court is 11 UNITED STATES DISTRICT COURT 10 may file its opposition by December 3, 2012. 13 IT IS SO ORDERED. 14 Dated: November 28, 2012 _______________________________ LAUREL BEELER United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 12-05318 LB (ORDER) 2

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