Cunha v. Intellicheck, LLC et al

Filing 33

STIPULATION AND ORDER re 32 STIPULATION WITH PROPOSED ORDER to Extend Time for Defendant Intellicheck, LLC to Respond to the First Amended Complaint filed by Intellicheck, LLC. Signed by Judge Jon S. Tigar on March 30, 2017. (wsn, COURT STAFF) (Filed on 3/30/2017)

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SEYFARTH SHAW LLP
Selyn Hong (SBN 303398)
E-mail: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Pamela Q. Devata (Admitted pro hac vice)
E-mail: [e-mail]
John W. Drury (Admitted pro hac vice)
E-mail: [e-mail]
233 S. Wacker Drive, Suite 8000
Chicago, Illinois 60606-6448
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
INTELLICHECK, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT CALIFORNIA

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JAMES CUNHA, an individual, on behalf of
himself and all others similarly situated,

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Plaintiff,

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v.

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INTELLICHECK, LLC, a California Limited
Liability Company; PROPACIFIC FRESH, INC.,
a California Corporation, and DOES 1-100,

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Case No. 1:17-cv-00597-JST
STIPULATION TO EXTEND TIME FOR
DEFENDANT INTELLICHECK, LLC TO
RESPOND TO THE FIRST AMENDED
COMPLAINT

Defendants.

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[Filed concurrently with (1) Declaration of
Selyn Hong; and (2) [Proposed] Order]
Judge: Hon. Jon S. Tigar
Complaint Filed: December 20, 2016
First Amended Complaint Filed: March 3, 2017
Trial Date: None Set

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STIPULATION TO EXTEND TIME FOR DEFENDANT INTELLICHECK, LLC TO RESPOND TO FAC /
CASE NO. 1:17-CV-00597-JST

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Pursuant to the Civil Local Rules 6-1(b), 6-2, and 7-12, Plaintiff James Cunha and Defendant
IntelliCheck, LLC ("IntelliCheck"), by and through their counsel, hereby stipulate as follows:

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1.

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is March 31, 2017.

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2.

The current deadline for IntelliCheck to respond to Plaintiff's First Amended Complaint

IntelliCheck intended to file a Rule 12(b)(6) motion to dismiss, and Plaintiff and

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IntelliCheck agree that continuing to explore the potential for early resolution would be in their

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respective best interests. Plaintiff and IntelliCheck wish to continue efforts at informal resolution and to

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avoid the time and costs associated with the filing and opposing of a motion to dismiss.

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3.

Plaintiff and IntelliCheck remain actively engaged in settlement discussions and

anticipate having a resolution in the next 14 days or, if necessary, to proceed with a motion to dismiss.
4.

To allow Plaintiff and IntelliCheck additional time to resolve the matter, Plaintiff and

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IntelliCheck further agree to extend the time for IntelliCheck to respond to Plaintiff's First Amended

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Complaint by two weeks, from March 31, 2017 to April 14, 2017.

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5.

This is Plaintiff and IntelliCheck's second request for an extension of time for

IntelliCheck to file a response to the First Amended Complaint.
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This stipulated request will not affect any other date or deadline in this case.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Date: March 29, 2017

KEEGAN & BAKER LLP

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/s/ Patrick N. Keegan
Patrick N. Keegan
James M. Treglio
Attorney for Plaintiff
JAMES CUNHA

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Date: March 29, 2017

SEYFARTH SHAW LLP

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/s/ Selyn Hong
Pamela Q. Devata
John W. Drury
Selyn Hong
Attorney for Defendant
INTELLICHECK, LLC

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STIPULATION TO EXTEND TIME FOR DEFENDANT INTELLICHECK, LLC TO RESPOND TO FAC /
CASE NO. 1:17-CV-00597-JST

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)
I, Selyn Hong, attest that concurrence in the filing of this Stipulation has been obtained from the
signatory, Patrick N. Keegan, counsel for Plaintiff
Executed this 29th day of March, 2017 in San Francisco, California.

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By:

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/s/ Selvn Hong
Selyn Hong

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STIPULATION TO EXTEND TIME FOR DEFENDANT INTELLICHECK, LLC TO RESPOND TO FAC /
CASE NO. 1:17-CV-00597-JST

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that the deadline for Defendant
IntelliCheck, LLC to respond to Plaintiff James Cunha's First Amended Complaint is extended from
March 31, 2017 to April 14, 2017.

DATED:

March 30, 2017
Hon. Jon S. Tigar
United States District Court Judge

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STIPULATION TO EXTEND TIME FOR DEFENDANT INTELLICHECK, LLC TO RESPOND TO FAC /
CASE NO. 1:17-CV-00597-JST
38 57745v.I