Buchla v. Buchla Electronic Musical Instrument, LLC et al

Filing 25

ORDER by Judge Haywood S. Gilliam, Jr. Granting 24 Stipulation to Waive Service and Continue Responsive Pleading Date. (ndrS, COURT STAFF) (Filed on 4/14/2015)

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1 2 3 4 5 6 7 8 Jeffrey W. Shopoff (Bar No.46278) Gregory S. Cavallo (Bar No. 173270) James M. Robinson (Bar No. 238063) Shopoff Cavallo & Kirsch LLP 601 Montgomery Street, Suite 1110 San Francisco, CA 94111 Telephone: 415-984-1975 Facsimile: 415-984-1978 Attorneys for Defendants BUCHLA ELECTRONIC MUSICAL INSTRUMENT, LLC; AUDIO SUPERMARKET PTY. LTD.; DANNY OLESH; MICHAEL MARANS; LEWIS CHIODO; and JOHN FULLER 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 DONALD BUCHLA, an individual, D/B/A BUCHLA & ASSOCIATES, CASE NO. 3:15-CV-00921-HSG STIPULATION AND ORDER TO WAIVE SERVICE OF SUMMONS AND TO CONTINUE RESPONSIVE PLEADING DATE; DECLARATION OF GREGORY S. CAVALLO Plaintiff, 15 v. 16 BUCHLA ELECTRONIC MUSICAL INSTRUMENT, LLC, an Oregon limited liability company; AUDIO SUPERMARKET PTY. LTD., a foreign entity; DANNY OLESH, an individual; MICHAEL MARANS, an individual; LEWIS CHIODO, an individual; and JOHN FULLER, an individual, 17 18 19 20 Defendants. 21 22 23 WHEREAS, pursuant to March 31, 2015 Stipulation, defendant Buchla Electronic Musical 24 Instrument, LLC’s responsive pleading in this matter is currently due April 10, 2015; defendant 25 Michael Marans’ responsive pleading is due April 13, 2015; 26 WHEREAS, all named defendants, Buchla Electronic Musical Instrument, LLC; Audio 27 Supermarket Pty. Ltd.; Danny Olesh; Lewis Chiodo; John Fuller; and Michael Marans have retained 28 counsel Shopoff Cavallo & Kirsch, LLP to represent them in this matter; and -1- STIPULATION TO WAIVE SERVICE AND CONTINUE RESPONSIVE PLEADING DATE; CAVALLO DECLARATION; ORDER 1 2 3 4 5 6 WHEREAS, newly retained counsel require additional time to familiarize themselves with the facts and issues involved in this matter so as to prepare a responsive pleading; WHEREAS, the parties wish to avoid disputes regarding international service of summons, as all unserved defendants are residents of Australia; WHEREAS, the parties wish to bring all responsive pleadings by defendants onto the same schedule to avoid duplicative or unnecessary motion practice, 7 IT IS HEREBY STIPULATED that all defendants waive service of summons and agree to 8 appear in the action without such service. In exchange, the current responsive pleading date for all 9 defendants shall be continued until April 30, 2015. 10 DATED: April 9, 2015 SHOPOFF CAVALLO & KIRSCH LLP 11 12 By _ /Gregory S. Cavallo/ _ Gregory S. Cavallo Attorneys for Defendants BUCHLA ELECTRONIC MUSICAL INSTRUMENT, LLC; AUDIO SUPERMARKET PTY. LTD.; DANNY OLESH; LEWIS CHIODO; and JOHN FULLER 13 14 15 16 17 18 19 20 21 DATED: April 9, 2015 O’MELVENY & MYERS LLP By ________/David Eberhart/______________ David Eberhart Attorneys for Plaintiff DONALD BUCHLA, D/B/A BUCHLA & ASSOCIATES 22 23 24 25 26 27 28 -2- STIPULATION TO WAIVE SERVICE AND CONTINUE RESPONSIVE PLEADING DATE; CAVALLO DECLARATION; ORDER 1 DECLARATION OF GREGORY S. CAVALLO 2 I, Gregory S. Cavallo, declare: 3 1. I am an attorney duly admitted to practice before this Court. I am a partner at 4 Shopoff Cavallo & Kirsch LLP, attorneys of record for Defendants Buchla Electronic Musical 5 Instrument, LLC; Audio Supermarket Pty. Ltd.; Danny Olesh; Michael Marans; Lewis Chiodo; and 6 John Fuller. If called as a witness, I could and would competently testify to all facts within my 7 personal knowledge. 8 9 10 11 2. On April 9, 2015, counsel for plaintiff, David Eberhart, concurred in the filing of this Stipulation. Executed under penalty of perjury under the laws of the United States on April 9, 2015, at San Francisco, California. 12 13 __________/Gregory S. Cavallo/____________ Gregory S. Cavallo 14 15 16 ORDER 17 IT IS HEREBY ORDERED: 18 1. Pursuant to the above stipulation, all defendants are hereby deemed served; 19 2. Defendants’ responsive pleading date is hereby continued to April 30, 2015. 20 DATED: April 14, 2015 21 22 23 ___________________________________________ United States District Court Judge 24 25 26 27 28 -3- STIPULATION TO WAIVE SERVICE AND CONTINUE RESPONSIVE PLEADING DATE; CAVALLO DECLARATION; ORDER

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