Lynn v. Pacific Gas & Electric Company

Filing 24

ORDER re 23 Granting Stipulation to Extend Time to File First Amended Complaint. Signed by Judge Claudia Wilken on 6/25/2010. (ndr, COURT STAFF) (Filed on 6/25/2010)

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SEYFARTH SHAW Kathleen Cahill Slaught (SBN: 168129) Sarah K. Hamilton (SBN: 238819) 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Defendant PACIFIC GAS & ELECTRIC COMPANY LAW OFFICES OF P. RANDALL NOAH P. Randall Noah (SBN: 136452) 21 Orinda Way, Suite C, #316 Orinda, CA 94563 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorney for Plaintiff JEFFREY LYNN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JEFFREY LYNN, Plaintiff, vs. PACIFIC GAS & ELECTRIC COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C 10-01306 CW STIPULATION TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT

Defendant and Plaintiff, through their respective counsels of record, hereby stipulate to extend the time for Plaintiff to file the first amended complaint, pursuant to the Court's Order Granting And Denying In Part Defendant's Motion To Dismiss, from 7 days to 21 days. 1
STIPULATION TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT Case No. C 10-01306 CW

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Good cause exists to grant this stipulated request for extension because Plaintiff's counsel is out of the office on vacation from June 21, 2010 through July 3, 2010, and unable to gain access to a computer due to his travel schedule. Plaintiff's counsel received the Court's Order on June 22, 2010 via his Blackberry mobile device, requiring the amended complaint be filed by June 28, 2010. Plaintiff's counsel is unable to comply with the Court's order but Plaintiff will amend the complaint, dismissing Defendant PG&E and adding the proper ERISA Plan as the defendant, and dismiss the request for ERISA penalties for alleged failure of Defendant to timely produce a requested copy of the LTD plan. The amended complaint will be filed upon Plaintiff's counsel's return from vacation. The parties hereby stipulate and respectfully request the time for filing the amended complaint may be extended from June 28, 2010 to July 12, 2010.

DATED: June 24, 2010

LAW OFFICES OF P. RANDALL NOAH

By

/s/ P. Randall Noah P. Randall Noah Attorney for Plaintiff JEFFREY LYNN

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DATED: June 24, 2010

SEYFARTH SHAW LLP

By

/s/ Kathleen Cahill Slaught Kathleen Cahill Slaught Sarah K. Hamilton Attorneys for Defendant PACIFIC GAS & ELECTRIC COMPANY

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STIPULATION TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT Case No. C 10-01306 CW

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ORDER IT IS SO ORDERED.

DATED: 6/25/2010

_____________________________________ Hon. Judge Claudia Wilken United States District Court Judge

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STIPULATION TO EXTEND TIME TO FILE FIRST AMENDED COMPLAINT Case No. C 10-01306 CW