Buchla v. Buchla Electronic Musical Instrument, LLC et al
Filing
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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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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
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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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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,
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v.
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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,
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Defendants.
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WHEREAS, pursuant to March 31, 2015 Stipulation, defendant Buchla Electronic Musical
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Instrument, LLC’s responsive pleading in this matter is currently due April 10, 2015; defendant
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Michael Marans’ responsive pleading is due April 13, 2015;
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WHEREAS, all named defendants, Buchla Electronic Musical Instrument, LLC; Audio
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Supermarket Pty. Ltd.; Danny Olesh; Lewis Chiodo; John Fuller; and Michael Marans have retained
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counsel Shopoff Cavallo & Kirsch, LLP to represent them in this matter; and
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STIPULATION TO WAIVE SERVICE AND CONTINUE
RESPONSIVE PLEADING DATE; CAVALLO
DECLARATION; ORDER
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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,
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IT IS HEREBY STIPULATED that all defendants waive service of summons and agree to
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appear in the action without such service. In exchange, the current responsive pleading date for all
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defendants shall be continued until April 30, 2015.
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DATED: April 9, 2015
SHOPOFF CAVALLO & KIRSCH LLP
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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
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DATED: April 9, 2015
O’MELVENY & MYERS LLP
By ________/David Eberhart/______________
David Eberhart
Attorneys for Plaintiff
DONALD BUCHLA, D/B/A BUCHLA
& ASSOCIATES
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STIPULATION TO WAIVE SERVICE AND CONTINUE
RESPONSIVE PLEADING DATE; CAVALLO
DECLARATION; ORDER
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DECLARATION OF GREGORY S. CAVALLO
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I, Gregory S. Cavallo, declare:
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1.
I am an attorney duly admitted to practice before this Court. I am a partner at
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Shopoff Cavallo & Kirsch LLP, attorneys of record for Defendants Buchla Electronic Musical
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Instrument, LLC; Audio Supermarket Pty. Ltd.; Danny Olesh; Michael Marans; Lewis Chiodo; and
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John Fuller. If called as a witness, I could and would competently testify to all facts within my
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personal knowledge.
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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.
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__________/Gregory S. Cavallo/____________
Gregory S. Cavallo
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ORDER
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IT IS HEREBY ORDERED:
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1.
Pursuant to the above stipulation, all defendants are hereby deemed served;
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2.
Defendants’ responsive pleading date is hereby continued to April 30, 2015.
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DATED: April 14, 2015
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___________________________________________
United States District Court Judge
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STIPULATION TO WAIVE SERVICE AND CONTINUE
RESPONSIVE PLEADING DATE; CAVALLO
DECLARATION; ORDER
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