Huatai USA LLC v. Chiang

Filing 51

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO FILE ANSWER TO FIRST AMENDED COMPLAINT re 50 Stipulation filed by John A. Chiang. Signed by Judge Phyllis J. Hamilton on 11/1/11. (nah, COURT STAFF) (Filed on 11/1/2011)

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RICHARD P. DUANE (SBN 37880)
DUANE & SELTZER, LLP
1936 University Avenue, Suite 355
Berkeley, California 94704
Tel: [phone]
Fax: [phone]

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Attorney for Defendant
JOHN A. CHIANG
d/b/a “FCB INTERNATIONAL”

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT

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OF THE STATE OF CALIFORNIA

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OAKLAND COURTHOUSE

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HUATAI USA, LLC

Civil Action No. C11-01855 PJH

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Plaintiff,

STIPULATION EXTENDING TIME
FOR DEFENDANT JOHN CHIANG,
d/b/a ‘FCB INTERNATIONAL” TO
FILE ANSWER TO FIRST AMENDED
COMPLAINT

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v.
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JOHN A. CHIANG d/b/a
“FCB INTERNATIONAL”

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Defendants.
___________________________________/

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Overview

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Plaintiff’s First Amended Complaint alleges breach of contract and seeks replevin of

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certain products shipped to mainland China. Defendant filed a Rule 12 Motion to Dismiss the

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First Amended Complaint and a hearing was held on October 12, 2011. Defendant’s motion was

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denied. The Court ordered Defendant to answer the First Amended Complaint within 21 days of

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the date of the Court’s order, or November 2, 2011.

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Defendant seeks additional time within which to answer the First Amended Complaint.

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Therefore, pursuant to Civil Local Rule 6-1(b) the parties hereby make a stipulated request for an

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order extending the time within which Defendant may answer the First Amended Complaint.

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-1HUTAI USA, LLC v. JOHN A CHIANG d/b/a “FCB INTERNATIONAL”
Stipulation Extending Time for Answer to First Amended Complaint

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Defendant’s counsel requires additional time to review the complex issues relating to Plaintiff’s

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claims and Defendant’s potential counterclaims in light of the Court’s ruling on Defendant’s Rule

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12 Motion to Dismiss.

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The parties stipulated and on July 1, 2011, the Court granted an extension of time for

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Defendant to answer the First Amended Complaint until after the hearing and ruling on

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Defendant’s 12 Motion to Dismiss.

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An initial case management conference by phone is set in this action for November 17,

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2011. The agreement between the parties to extend time for Defendant to answer will not alter

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the date of any event or any deadline already fixed by Court order.

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WHEREFORE IT IS AGREED AND STIPULATED AS FOLLOWS:

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1) Defendant John Chiang, d/b/a “FCB International” may file an answer to the First
Amended Complaint at any time up to and including November 7, 2011.

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Dated:

/s/
SIOBHAN COLE
Attorney for Plaintiff
HUATAI USA, LLC

Dated:

/s/
RICHARD DUANE
Attorney for Defendant
JOHN CHIANG, d/b/a “FCB INTERNATIONAL”

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RT

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__________________________________
ED
HONORABLE PHYLLISDER
SO OR J. HAMILTON

IT IS

NO

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11/1/11
Dated: __________________

UNIT
ED

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S DISTRICT
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RT
U
O

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SO ORDERED.

hyllis
Judge P

ER

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lton

J. Hami

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H

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R NIA

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FO

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IT IS SO STIPULATED.

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N

F
D IS T IC T O
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HUTAI USA, LLC v. JOHN A CHIANG d/b/a “FCB INTERNATIONAL”
Stipulation Extending Time for Answer to First Amended Complaint

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