Barnes v. Energy Recovery, Inc. et al

Filing 42

STIPULATION AND ORDER re 39 STIPULATION WITH PROPOSED ORDER re 34 Amended Complaint Modifying Responsive Pleading Deadline filed by Thomas Rooney, Joel Gay, Energy Recovery, Inc. Signed by Judge Edward M. Chen on 3/11/16. (bpf, COURT STAFF) (Filed on 3/11/2016)

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David W. Gearhart (admitted pro hac vice)
[e-mail]
LEWIS RICE LLC
600 Washington Ave., Ste. 2500
St. Louis, Missouri 63101
Telephone: [phone]
Facsimile: [phone]

Jason A. Geller, State Bar No. 168149
[e-mail]
Juan C. Araneda, State Bar No. 213041
[e-mail]
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2050
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
ENERGY RECOVERY, INC., THOMAS ROONEY, and JOEL GAY

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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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DAVID BARNES,
Plaintiff,

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CASE NO. 4:16-cv-00477 EMC
STIPULATION
AND
ORDER TO MODIFY
PLEADING DEADLINE

vs.
ENERGY RECOVERY, INC., a Delaware
Corporation; THOMAS ROONEY, an
individual; and JOEL GAY, an individual,
Defendants.

Date:
Time:
Location:
Judge:

n/a
n/a
Courtroom 5, 17th Floor
The Hon. Edward M. Chen

Complaint Filed:
Trial Date:

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[PROPOSED]
RESPONSIVE

January 27, 2016
None

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STIPULATION

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Pursuit to Local Rule 7-1 and Judge Chen’s Standing Order, the parties hereby submit
this Stipulation and [Proposed] Order to modify the responsive pleading deadline of Defendants
Energy Recovery, Inc., Thomas Rooney, and Joel Gay.
WHEREAS, on January 27, 2016, Plaintiff David Barnes (“Plaintiff”) filed his original
Complaint in this case;
WHEREAS, on February 9, 2016, this case was reassigned to Judge Edward Chen;

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____________________________________________________________________________________________
STIPULATION AND [PROPOSED]
Case No. 4:16-cv-00477 EMC
ORDER TO MODIFY RESPONSIVE PLEADING DEADLINE

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WHEREAS, on February 16, 2016, Defendant Energy Recovery, Inc. filed a Motion for

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Order Directing Plaintiff and Plaintiff’s Counsel to Return Defendant Energy Recovery, Inc.’s

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Documents (“ERI’s Motion to Return”);

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WHEREAS, on March 2, 2016, non-party Henry Low filed a Motion to Intervene and
proposed Opposition to ERI’s Motion to Return;
WHEREAS, on March 3, 2016, Plaintiff filed his Opposition to Defendant ERI’s
Motion to Return;

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WHEREAS, on March 8, 2016, Plaintiff filed an Amended Complaint;

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WHEREAS, March 22, 2016 is the current deadline for Defendants’ responsive

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pleading;

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WHEREAS, Defendants’ counsel has other business and personal matters scheduled

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through March 20, 2016, including prearranged family vacation from March 12 to March 20,

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2016; and

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WHEREAS, Defendants have several briefing obligations presently set in this matter
over the next three weeks.

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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

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Defendants’ deadline for filing a response to Plaintiff’s Amended Complaint is

extended three days, to March 25, 2016.

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____________________________________________________________________________________________
STIPULATION AND [PROPOSED]
Case No. 4:16-cv-00477 EMC
ORDER TO MODIFY RESPONSIVE PLEADING DEADLINE
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DATED: March 10, 2016

Respectfully submitted,
FISHER & PHILLIPS LLP

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By:___/s/ David W. Gearhart________________
David W. Gearhart (admitted pro hac vice)
LEWIS RICE, LLC

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and

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Jason A. Geller
Juan C. Araneda
FISHER & PHILLIPS LLP

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Attorneys for Defendants
ENERGY RECOVERY, INC.,
THOMAS ROONEY, AND JOEL GAY

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DATED: March 10, 2016

Respectfully submitted,
BAKER & SCHWARTZ P.C.

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By:___/s/ Chris Baker (w/consent)___________
Chris Baker
Attorney for Plaintiff
DAVID BARNES

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____________________________________________________________________________________________
STIPULATION AND [PROPOSED]
Case No. 4:16-cv-00477 EMC
ORDER TO MODIFY RESPONSIVE PLEADING DEADLINE
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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The Court, having read and considered the Parties’ Stipulation to Modify Responsive

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Pleading Deadline, and finding good cause in support thereof, hereby orders that the filing

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deadline is continued as follows:
Defendants’ deadline to file a responsive pleading to Plaintiff’s Amended

Complaint is extended three days, to March 25, 2016.

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ER

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R NIA

IT IS

HON. EDWARD M. CHEN
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UNITED STATES M. Che
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NO

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DATED: ____________________

UNIT
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3/11/16

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____________________________________________________________________________________________
STIPULATION AND [PROPOSED]
Case No. 4:16-cv-00477 EMC
ORDER TO MODIFY RESPONSIVE PLEADING DEADLINE
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