Masters of Beverages, LLC v. Dr. Pepper/Seven Up, Inc. et al

Filing 13

ORDER GRANTING re 11 First Ex Parte Application to Extend Time to Serve re 1 Complaint,, 2 Proposed Summons /Ex Parte Request And [Proposed] Order To Extend Time To Serve Summons And Complaint Local Rule 6-1(b) filed by Masters of Beverages, LLC. Signed by Chief Magistrate Judge Joseph C. Spero on 12/29/15. (klhS, COURT STAFF) (Filed on 1/4/2016)

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OWEN, WICKERSHAM & ERICKSON, P.C.
GREGORY N. OWEN CBN 122825
NOEL M. COOK CBN 122777
EMILY K. POOLE CBN 301857
455 Market Street, Suite 1910
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415.882.3232
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
The Masters of Beverages, LLC dba Spider Energy

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE MASTERS OF BEVERAGES, LLC
DBA SPIDER ENERGY,

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Plaintiff,
vs.

Case No. 15-cv-03925-JCS
EX PARTE REQUEST AND [PROPOSED]
ORDER TO EXTEND TIME TO SERVE
SUMMONS AND COMPLAINT
LOCAL RULE 6-1(b)

DR PEPPER/SEVEN UP, INC.;
DR PEPPER SNAPPLE GROUP, INC.,

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Defendants.
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Plaintiff The Masters of Beverages, LLC dba Spider Energy hereby requests a thirty (30)
day extension of time to serve its Complaint and Summons.
Plaintiff has not yet served Defendants Dr Pepper/Seven Up, Inc. and Dr Pepper Snapple
Group, Inc. with the Complaint and Summons in this case because the parties have been actively
engaged in settlement discussions. These settlement discussions have resulted in a settlement in
principle. The parties are currently preparing the written settlement agreement and expect to
complete the settlement soon. The deadline by which Plaintiff must serve the Summons and
Complaint is December 25, 2015.
Accordingly, Plaintiff The Masters of Beverages, LLC dba Spider Energy requests a
thirty (30) day extension of time, to and including January 24, 2016, to serve its Summons and

Ex Parte Request and [Proposed] Order To Extend Time to Serve, etc.

Case No. 15-cv-03925 JCS

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Complaint. Other dates scheduled by the Court will not be affected.
Plaintiff did not obtain a stipulation to the requested continuation because it has not yet

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effected service upon Defendants, and neither Defendants nor counsel for Defendants have

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appeared.

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Dated: December 22, 2015

OWEN, WICKERSHAM & ERICKSON, P.C.

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By /s/ Gregory N. Owen
Gregory N. Owen
Noel M. Cook
Emily K. Poole
Attorneys for Plaintiff
The Masters of Beverages, LLC dba Spider
Energy

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Ex Parte Request and [Proposed] Order To Extend Time to Serve, etc.

Case No. 15-cv-03925-JCS

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[PROPOSED] ORDER

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IT IS ORDERED that Plaintiff is granted an additional thirty (30) days in which to serve
its Complaint and Summons, up to and including January 24, 2016.

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12/29/15
Dated: _______________________

___________________________________
/s/ Joseph C. Spero
Joseph C. Spero
United States Magistrate Judge

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S:\1Clients\MASBEV\70001\Request-ExtendTime-ServeComplaint.doc

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Ex Parte Request and [Proposed] Order To Extend Time to Serve, etc.

Case No. 15-cv-03925-JCS

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