Little Wishes v. Little Wish Foundation

Filing 60

ORDER. Defendant shall file its response to plaintiff's First Amended Complaint no later than May 16, 2017. Signed by Judge Maxine M. Chesney on 05/08/17. (mmclc2, COURT STAFF) (Filed on 5/8/2017)

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Stuart E. Jones (SBN 104566)
[e-mail]
Nielsen Haley & Abbott LLP
100 Smith Ranch Road, Suite 350
San Rafael, California 94903
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
LITTLE WISH FOUNDATION, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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LITTLE WISHES,
Plaintiff.

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v.
LITTLE WISH FOUNDATION,

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Defendant.
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Case No. 3:16-cv-06613-MMC
DEFENDANT LITTLE WISH
FOUNDATION, INC.’S EX PARTE
APPLICATION FOR AN ORDER
EXTENDING TIME TO RESPOND
TO PLAINTIFF’S FIRST
__________
AMENDED COMPLAINT; PROPOSED
ORDER

HON. MAXINE M. CHESNEY
Complaint Filed: Nov. 15, 2016

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EX PARTE APPLICATION
Defendant Little Wish Foundation, Inc., hereby applies to the Court ex parte for an Order
extending time to respond to Plaintiff’s First Amended Complaint.
On Aril 24, 2017, this Court entered an Order permitting Plaintiff to file its First Amended
Complaint. The Order was silent as to the deadline for Defendant’s filing of a responsive pleading.
If no time is specified, the answer is due within the time remaining for response to the original
complaint or within 14 days after service of the amended complaint, whichever is longer. [FRCP
15(a)(3)] Plaintiff’s First Amended Complaint was filed on April 25, 2017. ECF 55. Therefore, a
responsive pleading is due on or before May 9, 2017.
On May 4 and 5 2017, The undersigned counsel has contacted counsel for Plaintiff Little
-1DEFENDANT LITTLE WISH FOUNDATION, INC.’S EX PARTE APPLICATON FOR AN ORDER
EXTENDING TIME TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT
– 3:14-cv-06613-MMC

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Wishes by both voice-mail and by e-mail in order to request a stipulation to extend time to respond

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to Plaintiff’s First Amended Complaint. Plaintiff’s counsel has not responded to these requests.

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On May 5, 2017, the undersigned advised Plaintiff’s counsel by voice-mail and e-mail that

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this ex parte request for an Order allowing an extension of time to respond to Plaintiff’s First

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Amended Complaint would be made to the Court. Plaintiff’s counsel finally responded that she

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would not consent to this request until after the undersigned agreed to a date and time to meet &

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confer over a discovery dispute.

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Defendant has not sought or obtained any previous extensions of time. Such an extension
of time is both timely and is necessary to allow Defendant additional time to prepare a response to

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Plaintiff’s First Amended Complaint which presents complex trademark, unfair competition and

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common law claims. Due to ongoing settlement negotiations, responding to Plaintiff’s discovery

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requests, responding to Plaintiff’s meet & confer letters and other related matters, Defendant has

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not been able to complete its preparation of the responsive pleading.

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Defendant requests an additional 7 days by which to file a response to Plaintiff’s First
Amended Complaint.
NIELSEN, HALEY & ABBOTT LLP

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May 5, 2017

By: /s/ Stuart E. Jones
Stuart E. Jones
Attorneys for Defendant
LITTLE WISH FOUNDATION, INC.

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-2DEFENDANT LITTLE WISH FOUNDATION, INC.’S EX PARTE APPLICATON FOR AN ORDER
EXTENDING TIME TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT
– 3:14-cv-06613-MMC

DECLARATION OF STUART E. JONES

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On Aril 24, 2017, this Court entered an Order permitting Plaintiff to file its First Amended

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Complaint. The Order was silent as to the deadline for the filing of a responsive pleading. If no

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time is specified, the answer is due within the time remaining for response to the original complaint

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or within 14 days after service of the amended complaint, whichever is longer. [FRCP 15(a)(3)]

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Plaintiff’s First Amended Complaint was filed on April 25, 2017. ECF 55. Therefore, a

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responsive pleading is due on or before May 9, 2017.

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On May 4 and 5 2017, I contacted counsel for Plaintiff Little Wishes by both voice-mail

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and by e-mail in order to request a stipulation to extend time to respond to Plaintiff’s First

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Amended Complaint. Plaintiff’s counsel has not responded to these requests.

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On May 5, 2017, I advised Plaintiff’s counsel by voice-mail and e-mail that this ex parte

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request for an Order allowing an extension of time to respond to Plaintiff’s First Amended

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Complaint would be made to the Court. Plaintiff’s counsel finally responded that she would not

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consent to this request until after the undersigned agreed to a date and time to meet & confer over a

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discovery dispute. I am in the process of scheduling the meet and confer with Plaintiff’s counsel,

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however, Plaintiff’s counsel has advised that she is working on other matters and cannot take calls

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today. I am concerned that this process will somehow break down and that my request for an

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extension of time will not be granted before the deadline to file a responsive pleading has expired.

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Defendant has not sought or obtained any previous extensions of time. Such an extension

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of time is both timely and is necessary to allow Defendant additional time to prepare a response to

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Plaintiff’s First Amended Complaint which presents complex trademark, unfair competition and

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common law claims. Due to ongoing settlement negotiations, responding to Plaintiff’s discovery

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requests, responding to Plaintiff’s meet & confer letters and other related matters, Defendant has

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not been able to complete its preparation of the responsive pleading.

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Defendant requests an additional 7 days by which to file a response to Plaintiff’s First
Amended Complaint.
I declare under penalty of perjury under the laws of the United States of America that the
-3DEFENDANT LITTLE WISH FOUNDATION, INC.’S EX PARTE APPLICATON FOR AN ORDER
EXTENDING TIME TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT
– 3:14-cv-06613-MMC

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foregoing is true and correct.

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Dated: May 5, 2017

/s/ Stuart E. Jones
Stuart E. Jones

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-4DEFENDANT LITTLE WISH FOUNDATION, INC.’S EX PARTE APPLICATON FOR AN ORDER
EXTENDING TIME TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT
– 3:14-cv-06613-MMC

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EX PARTE ORDER

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Having considered Defendant’s ex parte application for an extension of time to plead, and
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finding good cause therefore.

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IT IS HEREBY ORDERED that Defendant shall have to and including May 16, 2017 by

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and Plaintiff's statement of non-opposition thereto,

which to file a response to Plaintiff’s First Amended Complaint.

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Dated: May ___, 2017

_______________________________
HONORABLE MAXINE CHESNEY
United States District Judge

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-5DEFENDANT LITTLE WISH FOUNDATION, INC.’S EX PARTE APPLICATON FOR AN ORDER
EXTENDING TIME TO RESPOND TO PLAINTIFF’S FIRST AMENDED COMPLAINT
– 3:14-cv-06613-MMC