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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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III #95255
[e-mail]
JEFFREY S. JACOBI # 252884
[e-mail]
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile No.: [phone]
Attorneys for Plaintiff
Performant Financial Corporation

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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PERFORMANT FINANCIAL
CORPORATION, a Delaware corporation,

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Plaintiff,
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vs.
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PERFORMANT SYSTEMS GROUP, LLC, a )
Michigan limited liability company d/b/a
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Performant Systems Group; and DOES 1-50, )
inclusive,
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Defendants.
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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

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WHEREAS, Plaintiff PERFORMANT FINANCIAL CORPORATION caused the

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Summons and Complaint in this action to be served on Defendant PERFORMANT

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SYSTEMS GROUP, LLC on December 23, 2013;

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WHEREAS, in accordance with Federal Rule of Civil Procedure 12(a), Defendant’s

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response to the Complaint was due within twenty-one days after the December 23, 2013

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service of the Summons and Complaint, or on January 13, 2014;

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705075265v1

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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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WHEREAS, because the parties desired time to continue to discuss an informal

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resolution of this matter, Defendant requested and Plaintiff agreed to a thirty-day extension

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of time, until and including February 12, 2014, within which Defendant must respond to the

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Complaint, and the parties filed herein on January 8, 2014 their initial Stipulation To

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Extend Time To Respond To Initial Complaint (Doc. 10), which extended Defendant’s time

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to respond to the complaint by thirty days, from January 13, 2014 until and including

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February 12, 2014;

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WHEREAS, following entry of the aforesaid Stipulation, the parties reached a
conditional settlement;

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WHEREAS, to allow for time for the completion and satisfaction of the specified

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conditional settlement terms without incurring further costs of litigating this matter,

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Defendant has requested and Plaintiff has agreed to an extension of time within which

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Defendant must respond to the Complaint of one hundred and eighty (180) days, until and

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including August 11, 2014;

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WHEREAS, the parties anticipate at this time that all of the settlement conditions

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will be fulfilled and that no further extensions of time within which Defendant must

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respond to the Complaint will be necessary or requested;

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WHEREAS, this extension will alter the date of deadlines previously fixed by this

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Court’s order of December 19, 2013 (Doc. 5), including the date of the initial Case

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Management Conference in this action, which is currently set for March 19, 2014;

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NOW THEREFORE, it is hereby stipulated, by and between the undersigned
counsel for the parties herein, that:

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1. Defendant Performant Systems Group, LLC shall have until and including

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August 11, 2014 to respond to Plaintiff Performant Financial Corporation’s

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Complaint;

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2. The initial Case Management Conference shall be continued from its current date of

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March 19, 2014 at 10:00 AM to September 17, 2014 at 10:00 AM; and
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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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3. All deadlines related to the Case Management Conference shall be continued

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accordingly.

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Dated: February 11, 2014

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PILLSBURY WINTHROP SHAW PITTMAN LLP
THOMAS V. LORAN III
JEFFREY S. JACOBI
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111

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By _______/s/ Jeffrey S. Jacobi__________
Jeffrey S. Jacobi
Attorneys for Plaintiff
PERFORMANT FINANCIAL
CORPORATION

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Dated: February 11, 2014

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DICKINSON WRIGHT PLLC
JOHN C. BLATTNER
350 S. Main Street, Suite 300
Ann Arbor, MI 48104

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By _________/s/ John C. Blattner__________
John C. Blattner
Attorney for Defendant
PERFORMANT SYSTEMS
GROUP, LLC

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ATTESTATION OF SIGNATURE
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(N.D. Cal. General Order 45)
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I, Jeffrey S. Jacobi, hereby attest that concurrence in the filing of this document
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entitled STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND
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TO INITIAL COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT
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CONFERENCE (L.R. 6-1) has been obtained from all of the signatories.
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Dated: February 11, 2014

By _______/s/ Jeffrey S. Jacobi__________
Jeffrey S. Jacobi

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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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ORDER

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Upon consideration of the parties’ stipulation and good cause appearing, IT IS

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HEREBY ORDERED THAT:

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1. Defendant Performant Systems Group, LLC shall have until and including August

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11, 2014 to respond to Plaintiff Performant Financial Corporation’s Complaint;

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2. The initial Case Management Conference shall be continued from its current date of

accordingly.

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Dated: ________________________________
February 24,2014

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_____________________________
GRAN

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The Honorable Nathanael Cousins
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U.S. Magistrate ge Nathana
Judge
Jud

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3. All deadlines related to the Case Management Conference shall be continued

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March 19, 2014 at 10:00 AM to September 17, 2014 at 10:00 AM; and

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D IS T IC T O
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STIPULATION & [PROPOSED] ORDER TO EXTEND
TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 6-1)
Case No. 3:13-cv-05876-NC