Performant Financial Corporation v. Performant Systems Group, LLC

Filing 13

ORDER GRANTING STIPULATION to Extend Time to Respond 11 . Case Management Conference continued to 9/17/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 2/24/14. (lmh, COURT STAFF) (Filed on 2/24/2014)

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1 2 3 4 5 6 PILLSBURY WINTHROP SHAW PITTMAN LLP THOMAS V. LORAN III #95255 Thomas.loran@pillsburylaw.com JEFFREY S. JACOBI # 252884 jeffrey.jacobi@pillsburylaw.com Four Embarcadero Center, 22nd Floor San Francisco, CA 94111 Telephone: (415) 983-1000 Facsimile No.: (415) 983-1200 Attorneys for Plaintiff Performant Financial Corporation 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 PERFORMANT FINANCIAL CORPORATION, a Delaware corporation, ) ) ) ) Plaintiff, ) ) vs. ) ) PERFORMANT SYSTEMS GROUP, LLC, a ) Michigan limited liability company d/b/a ) Performant Systems Group; and DOES 1-50, ) inclusive, ) ) Defendants. ) ) ) ) ) No. 3:13-cv-05876-NC STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE (L.R. 6-1) Complaint Filed: December 18, 2013 Complaint Served: December 23, 2013 Current Response Date: February 12, 2014 New Response Date: August 11, 2014 Magistrate Judge Nathanael Cousins 21 22 WHEREAS, Plaintiff PERFORMANT FINANCIAL CORPORATION caused the 23 Summons and Complaint in this action to be served on Defendant PERFORMANT 24 SYSTEMS GROUP, LLC on December 23, 2013; 25 WHEREAS, in accordance with Federal Rule of Civil Procedure 12(a), Defendant’s 26 response to the Complaint was due within twenty-one days after the December 23, 2013 27 service of the Summons and Complaint, or on January 13, 2014; 28 705075265v1 -1- STIPULATION & [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-1) Case No. 3:13-cv-05876-NC 1 WHEREAS, because the parties desired time to continue to discuss an informal 2 resolution of this matter, Defendant requested and Plaintiff agreed to a thirty-day extension 3 of time, until and including February 12, 2014, within which Defendant must respond to the 4 Complaint, and the parties filed herein on January 8, 2014 their initial Stipulation To 5 Extend Time To Respond To Initial Complaint (Doc. 10), which extended Defendant’s time 6 to respond to the complaint by thirty days, from January 13, 2014 until and including 7 February 12, 2014; 8 9 WHEREAS, following entry of the aforesaid Stipulation, the parties reached a conditional settlement; 10 WHEREAS, to allow for time for the completion and satisfaction of the specified 11 conditional settlement terms without incurring further costs of litigating this matter, 12 Defendant has requested and Plaintiff has agreed to an extension of time within which 13 Defendant must respond to the Complaint of one hundred and eighty (180) days, until and 14 including August 11, 2014; 15 WHEREAS, the parties anticipate at this time that all of the settlement conditions 16 will be fulfilled and that no further extensions of time within which Defendant must 17 respond to the Complaint will be necessary or requested; 18 WHEREAS, this extension will alter the date of deadlines previously fixed by this 19 Court’s order of December 19, 2013 (Doc. 5), including the date of the initial Case 20 Management Conference in this action, which is currently set for March 19, 2014; 21 22 NOW THEREFORE, it is hereby stipulated, by and between the undersigned counsel for the parties herein, that: 23 1. Defendant Performant Systems Group, LLC shall have until and including 24 August 11, 2014 to respond to Plaintiff Performant Financial Corporation’s 25 Complaint; 26 2. The initial Case Management Conference shall be continued from its current date of 27 28 March 19, 2014 at 10:00 AM to September 17, 2014 at 10:00 AM; and // 705075265v1 -2- STIPULATION & [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-1) Case No. 3:13-cv-05876-NC 1 3. All deadlines related to the Case Management Conference shall be continued 2 accordingly. 3 Dated: February 11, 2014 4 PILLSBURY WINTHROP SHAW PITTMAN LLP THOMAS V. LORAN III JEFFREY S. JACOBI Four Embarcadero Center, 22nd Floor San Francisco, CA 94111 5 6 7 By _______/s/ Jeffrey S. Jacobi__________ Jeffrey S. Jacobi Attorneys for Plaintiff PERFORMANT FINANCIAL CORPORATION 8 9 10 Dated: February 11, 2014 11 12 DICKINSON WRIGHT PLLC JOHN C. BLATTNER 350 S. Main Street, Suite 300 Ann Arbor, MI 48104 13 14 15 By _________/s/ John C. Blattner__________ John C. Blattner Attorney for Defendant PERFORMANT SYSTEMS GROUP, LLC 16 17 18 19 ATTESTATION OF SIGNATURE 20 (N.D. Cal. General Order 45) 21 I, Jeffrey S. Jacobi, hereby attest that concurrence in the filing of this document 22 entitled STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND 23 TO INITIAL COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT 24 CONFERENCE (L.R. 6-1) has been obtained from all of the signatories. 25 Dated: February 11, 2014 By _______/s/ Jeffrey S. Jacobi__________ Jeffrey S. Jacobi 705075265v1 -3- 26 27 28 STIPULATION & [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-1) Case No. 3:13-cv-05876-NC 1 ORDER 2 Upon consideration of the parties’ stipulation and good cause appearing, IT IS 3 HEREBY ORDERED THAT: 4 1. Defendant Performant Systems Group, LLC shall have until and including August 5 11, 2014 to respond to Plaintiff Performant Financial Corporation’s Complaint; 6 2. The initial Case Management Conference shall be continued from its current date of accordingly. 10 Dated: ________________________________ February 24,2014 S DISTRICT TE C TA UNIT ED RT U O S 12 TED _____________________________ GRAN 13 14 NO The Honorable Nathanael Cousins sins el M. Cou U.S. Magistrate ge Nathana Judge Jud RT 15 ER H 16 17 R NIA 11 FO 9 3. All deadlines related to the Case Management Conference shall be continued LI 8 March 19, 2014 at 10:00 AM to September 17, 2014 at 10:00 AM; and A 7 N F D IS T IC T O R C 18 19 20 21 22 23 24 25 26 27 28 705075265v1 -4- STIPULATION & [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-1) Case No. 3:13-cv-05876-NC

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