Surfacesupplied, Inc v. Kirby Morgan Dive Systems, Inc

Filing 65

ORDER ON JOINT STIPULATION TO EXTEND DEADLINE TO FILE REPLY PAPERS. Signed by Judge Maxine M. Chesney on November 22, 2013. (mmclc2, COURT STAFF) (Filed on 11/22/2013)

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Daniel M. Cislo, Esq., No. 125,378
[e-mail]
Mark D. Nielsen, Esq., No, 210,023
[e-mail]
CISLO & THOMAS LLP
1333 2nd Street, Suite 500
Santa Monica, California 90401-4110
Telephone: [phone]
Telefax: [phone]
Attorneys for Defendant/Counterclaimant,
KIRBY MORGAN DIVE SYSTEMS, INC.

SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401
Telephone: [phone]
Facsimile: [phone]

Attorneys at Law

CISLO & THOMAS LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SURFACE SUPPLIED, INC., a California
corporation,

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Plaintiff,
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vs.
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KIRBY MORGAN DIVE SYSTEMS, INC., )
a California Corporation,
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Defendant.
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AND RELATED COUNTERCLAIMS
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AND COUNTERCLAIMS-IN REPLY
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CASE NO. CV 13-0575 MMC
[Hon. Maxine M. Chesney]
JOINT STIPULATION TO EXTEND
DEADLINE TO FILE REPLY PAPERS IN
SUPPORT OF KIRBY MORGAN DIVE
SYSTEMS, INC.’S MOTION TO STRIKE
COUNTER-DEFENDANT’S AFFIRMATIVE
DEFENSES AND FIRST, THIRD, FOURTH,
AND FIFTH CAUSES OF ACTION IN
THIRD AMENDED COUNTERCLAIM
(DOCKET NO. 59) AND MOTION TO
DISMISS COUNTER-DEFENDANT’S
SIXTH AND SEVENTH CAUSES OF
ACTION IN THIRD AMENDED
COUNTERCLAIM (DOCKET NO. 60);
[PROPOSED] ORDER APPENDED
HERETO
Hearing Date: December 20, 2013
Time: 9:00 a.m.

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Joint Stipulation for Extenstion of Time
To File Reply Briefs
Case No. C 13-0575 MMC

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JOINT STIPULATION

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Pursuant to Civ.L.R. 6-2, Surfacesupplied, Inc. (“SSI”) and Kirby Morgan Dive Systems,
Inc. (“Kirby Morgan”) hereby submit the following stipulation:

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WHEREAS, Kirby Morgan has filed two motions (see, Docket Nos. 59, 60) related to the
contents of SSI’s Amended Answer and Third Amended Counterclaim (see, Docket No. 55);

SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401
Telephone: [phone]
Facsimile: [phone]

Tuesday, November 26, 2013, and the current deadline for Kirby Morgan’s reply papers in

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Attorneys at Law

WHEREAS, the current deadline for SSI’s oppositions to Kirby Morgan’s motions is on

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CISLO & THOMAS LLP

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support of the motions is Tuesday, December 3, 2013;

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WHEREAS, Kirby Morgan’s reply papers are due two days after the Thanksgiving

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holiday, and the current deadline of December 3, 2013 will require counsel for Kirby Morgan to

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devote substantial time to the reply papers over the Thanksgiving holiday;

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WHEREAS, counsel have conferred on this matter, and SSI had agreed to stipulate with

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Kirby Morgan to an extension of time on the deadline for the reply papers in connection with

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Kirby Morgan’s motions from Tuesday, December 3, 2013 to Friday, December 6, 2013;

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WHEREAS, this stipulation is not submitted for purposes of delaying these proceedings,
but rather, as an accommodation to Kirby Morgan’s counsel vis-à-vis the Thanksgiving holiday;

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WHEREAS, Kirby Morgan’s motions are currently set for a December 20, 2013 hearing,

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and no request is made to change the hearing date, unless the Court deems such a change to be

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necessary.

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Joint Stipulation for Extenstion of Time
To File Reply Briefs
Case No. C 13-0575 MMC

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NOW THEREFORE, the parties, by and through their respective counsel, jointly stipulate

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and agree that the deadline for Kirby Morgan’s reply papers in connection with the motions filed

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at Docket Nos. 59 and 60 shall be extended from December 3, 2013 to December 6, 2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: November 22, 2013

, 2013

By:
Hon. Maxine M. Chesney
United States District Judge

SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401
Telephone: [phone]
Facsimile: [phone]

Attorneys at Law

CISLO & THOMAS LLP

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Respectfully submitted,

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Dated: November 22, 2013

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CISLO & THOMAS, LLP
By:

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Dated: November 22, 2013

s/Daniel M. Cislo
Daniel M. Cislo
Mark D. Nielsen
Attorneys for Defendant/Counterclaimant,
KIRBY MORGAN DIVE SYSTEMS, INC.
ALIOTO & ALIOTO, LLP

By:

s/John I. Alioto (with permission)
John I. Alioto
CASCIO & ZERVAS, LLP
Anthony T. Cascio
Attorneys for Plaintiff/Counterdefendant,
SURFACESUPPLIED, INC.

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Joint Stipulation for Extenstion of Time
To File Reply Briefs
Case No. C 13-0575 MMC