Cooke v. Elan Financial Services

Filing 10

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE: A Joint Case Management Statement due by 4/17/2014. Case Management Conference set for 4/24/2014 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 3/17/2014. (ls, COURT STAFF) (Filed on 3/17/2014)

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Robert M. Fineman (SBN 188211)
Christian P. Foote (SBN 240919)
DUANE MORRIS LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
Telephone: [phone]
Fax: [phone]
E-mail:[e-mail]
[e-mail]
Attorneys for Defendant
ELAN FINANCIAL SERVICES
Crosby S. Connolly, Esq. (SBN 286650)
Robert L. Hyde, Esq. (SBN 227183)
HYDE & SWIGART
2211 Camino Del Rio South, Suite 101
San Diego, CA 92108-3609
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
IAN COOKE
IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IAN COOKE,

Case No.: 3:13-cv-05906-LB
Plaintiff,

v.
ELAN FINANCIAL SERVICES,
Defendant.

STIPULATION TO EXTEND TIME
TO RESPOND TO INITIAL
COMPLAINT BY NOT MORE THAN
30 DAYS AND TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE (L.R. 6-2);
[PROPOSED ORDER]
Complaint Served: February 7, 2014

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Current Response Date:
February 28, 2014

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New Response Date: March 17, 2014

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Judge: Magistrate Judge Laurel Beeler
Complaint Filed: December 20, 2013

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Stipulation to Extend Time to Respond to Initial Complaint; [Proposed Order]
Case No. 3:13-cv-05906-LB

Defendant Elan Financial Services, by and through its attorneys of record, and Plaintiff, Ian

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Cooke, by and through his attorneys of record, hereby stipulate and agree as follows:
WHEREAS, Plaintiff’s Initial Complaint was filed on December 20, 2013, and served on

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February 7, 2014;
WHEREAS, Defendant’s response to Plaintiff’s Initial Complaint is currently due on

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February 28, 2014;
WHEREAS, Defendant has not requested or obtained any prior extensions to respond to the

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Initial Complaint;
WHEREAS, pursuant to Local Rule 6-2, counsel for Defendant and counsel for Plaintiff

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have agreed to extend the period of time in which Defendant may answer or otherwise plead in

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response to Plaintiff’s Initial Complaint by no later than March 17, 2014;

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WHEREAS, at the time the complaint was filed on December 20, 2013, the Court issued an

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Order Setting Initial Case Management Conference And ADR Deadlines, which set an Initial Case

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Management Conference on March 20, 2014 and other pre-trial deadlines. The Order states that if

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the Initial Case Management Conference is continued, the other pre-trial deadlines are continued

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accordingly;
WHEREAS, the first pre-trial deadline in the Order is February 27, 2014 for the parties to

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meet and confer regarding initial disclosures, early settlement, ADR process selection and discovery

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plan and for the parties to file an ADR certification and related ADR filings and this date occurs

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prior to the first potentially required response to the Initial Complaint by defendant which would be

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February 28, 2014 at the earliest based upon the February 7, 2014 date of service of the summons

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and Initial Complaint;
WHEREAS, pursuant to Local Rule 6-2, counsel for Defendant and counsel for Plaintiff

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request that the date for the Initial Case Management Conference and all deadlines prior to that

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conference be continued for a period of at least 30 days after the current date of March 20, 2014 or

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such other time ordered by the Court so that there is an adequate period of time for Defendant to

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respond to the Initial Complaint and for the parties to have an adequate opportunity to meet and

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confer.

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Stipulation to Extend Time to Respond to Initial Complaint; [Proposed Order]
Case No. 3:13-cv-05906-LB

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN COUNSEL AS
FOLLOWS:
Defendant shall have up to and including March 17, 2014 within which to move, answer, or
otherwise respond to Plaintiff’s Initial Complaint.
Defendant and Plaintiff request that the date for the Initial Case Management Conference and

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all deadlines prior to that conference be continued for a period of at least 30 days after the current

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date of March 20, 2014 or such other time ordered by the Court so that there is an adequate period of

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time for Defendant to respond to the Initial Complaint and for the parties to have an adequate

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opportunity to meet and confer on the required issues.

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IT IS SO STIPULATED

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Dated: February 27, 2014

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DUANE MORRIS LLP
By:

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Attorneys for Defendant
ELAN FINANCIAL SERVICES

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/s/ Robert M. Fineman____________
Robert M. Fineman

Dated: February 27, 2014

HYDE & SWIGART
By:

/s/ Crosby S. Connolly____________
Crosby S. Connolly
Robert L. Hyde
Attorneys for Plaintiff
IAN COOKE

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Stipulation to Extend Time to Respond to Initial Complaint; [Proposed Order]
Case No. 3:13-cv-05906-LB

[PROPOSED] ORDER

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Pursuant to stipulation, and good cause appearing therefore, the Court ORDERS as follows:

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The responsive pleading deadline for Elan Financial Services to the Initial Complaint is

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March 17, 2014.

at 11:00 a.m.
April 24

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The Initial Case Management Conference is continued until ______________, 2014 and all

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other deadlines in the December 20, 2013 Order Setting Initial Case Management Conference And

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ADR Deadlines are also continued accordingly.

A Joint Case Management Statement due
April 17, 2014

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SO ORDERED.
March 17, 2014
Date: __________________

_____________________________________
Magistrate Judge Laurel Beeler

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Stipulation to Extend Time to Respond to Initial Complaint; [Proposed Order]
Case No. 3:13-cv-05906-LB