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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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
THE MEN’S WEARHOUSE, INC., a Texas
corporation,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
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v.

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ORDER CONTINUING MOTION
HEARING, ORDERING SERVICE, AND
GRANTING STIPULATION TO
EXTEND TIME

DJ’S KOOLER SERVICE et al.,

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No. C 12-05318 LB

Defendants.
_____________________________________/

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Plaintiff filed this lawsuit on October 16, 2012. See ECF No. 1.1 Defendants First Business

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Capital Corporation ("FBCC"), and Specialized Transportation Agent Group, Inc. ("Specialized

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Transportation"), appeared in the case. FBCC filed a Motion to Transfer Case to the Western

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District of Wisconsin or, in the Alternative, to Dismiss for Improper Venue on November 9, 2012,

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that is set for a hearing on December 20, 2012. See ECF No. 8. The Men's Wearhouse, Inc. and

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FBCC have consented to this court's jurisdiction. See ECF Nos. 6 and 10. Specialized

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Transportation has not yet consented or declined. Defendants DJ's Kooler Service, Frate, Inc., and

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The Suddath Companies, have not appeared, and the docket does not reflect that they have been

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served. The 120-day period to serve the Defendants expires on February 13, 2013. See Fed. R. Civ.

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P. 4(m).

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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)

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Under the circumstances, the court vacates the December 20, 2012 hearing and re-sets it to

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March 7, 2013 at 11:00 a.m. Plaintiff is directed to serve Defendants DJ's Kooler Service, Frate,

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Inc., and The Suddath Companies by February 13, 2013 and to file proof of service by February 20,

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2013 or risk dismissal of the unserved Defendants under Federal Rule of Civil Procedure 4(m).

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In addition, on November 28, 2012, Defendant Specialized Transportation filed a stipulation to

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extend the time for it to respond to FBCC's motion. See ECF No. 14. Normally, the court would not

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permit a party to file an opposition later than November 29, 2012 because a later date would not

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allow the court sufficient time to prepare for the hearing after receiving the reply brief. See briefing

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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

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For the Northern District of California

before hearing, the opposition would have been due on November 29, 2012). Because the court is

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UNITED STATES DISTRICT COURT

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may file its opposition by December 3, 2012.

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IT IS SO ORDERED.

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Dated: November 28, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 12-05318 LB (ORDER)

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