Cheeks et al v. Fidelity and Deposit Company of Maryland and Platte River Insurance Company et al

Filing 17

STIPULATION AND ORDER, Set/Reset Deadlines as to 7 MOTION to Dismiss Plaintiffs' First and Second Claims for Relief Under RICO with Prejudice For Failure To State a Claim Under FRCP Fule 12(b)(6). Responses due by 7/31/2013. Replies due by 8/15/2013.. Signed by Judge ARMSTRONG on 7/11/13. (lrc, COURT STAFF) (Filed on 7/15/2013)

Case4:13-cv-01854-SBA Document16 Filed07/11/13 Page1 of 5

1
2
3
4
5

Shana E. Scarlett (217895)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, California 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

8

Stuart M. Paynter (226147)
THE PAYNTER LAW FIRM PLLC
1200 G Street N.W., Suite 800
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]

9

Attorney for Plaintiffs

6
7

10

[Additional counsel on signature page]

11
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15
16
17
18

DONTE CHEEKS, ERMA SUE CLYATT,
DEBORAH HORTON, AND RICHARD
PIERCE, on behalf of themselves and all others
similarly situated,
Plaintiffs,

19
20
21
22
23

V.
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND AND PLATTE RIVER
INSURANCE COMPANY, as sureties for
MERACORD LLC,

24

Defendants.

25
26
27
28
010262-15 603905 V1

CASE NO. 13-CV-1854 SBA
XXXXXXXXXX
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
PLAINTIFFS’ RESPONSE TO
DEFENDANTS’ MOTION TO
DISMISS PLAINTIFFS’ FIRST AND
SECOND CLAIMS
The Honorable Saundra Brown Armstrong
ACTION FILED: April 23, 2013

Case4:13-cv-01854-SBA Document16 Filed07/11/13 Page2 of 5

1

WHEREAS, Plaintiffs filed their class action complaint in this case on April 23, 2013;

2

WHEREAS, Plaintiffs agreed to grant Defendants an extension of time until July 1, 2013 in

3

which to answer the complaint, on the condition that Plaintiffs would have no less than thirty days

4

to respond to any motion filed in response to the complaint,

5

WHEREAS, Defendants filed their Motion to Dismiss Plaintiffs’ First and Second Claims

6

for Relief Under RICO With Prejudice for Failure to State a Claim Under FRCP Rule 12(b)(6)

7

(“Motion”), Dkt. No. 7, on July 1, 2013;

8

WHEREAS, Plaintiffs’ response to Defendants’ Motion is currently due July 15, 2013;

9

WHEREAS Plaintiffs’ and Defendants’ counsel certify that they have complied with the

10
11

Court’s requirement to meet and confer prior to the filing of this stipulation,
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND REQUEST that:

12

(1) Plaintiffs shall have until July 31, 2013 to file their response to Defendants’ Motion.

13

(2) Defendants shall have until August 15, 2013 to file their reply in support of their Motion.

14
15

IT IS SO STIPULATED.
DATED: July 11, 2013

THE PAYNTER LAW FIRM PLLC

16

By: /s/ Stuart M. Paynter

17

Stuart M. Paynter (226147)
1200 G Street N.W., Suite 800
Washington, DC 20005
Tel.: [phone]
Facsimile: [phone]
[e-mail]

18
19
20

24

HAGENS BERMAN SOBOL SHAPIRO LLP
Shana E. Scarlett (217895)
715 Hearst Avenue, Suite 202
Berkeley, California 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

25

Attorneys for Plaintiffs

21
22
23

26
27
28

STIP. AND [PROPOSED] ORDER EXTENDING
TIME FOR PLS.’ RESP. TO DEFS.’ MOT. TO DISMISS
PLS.’ FIRST AND SECOND CLAIMS
010262-15 603905 V1

1-

Case4:13-cv-01854-SBA Document16 Filed07/11/13 Page3 of 5

1

ROBINS, KAPLAN, MILLER & CIRESI, LLP

2

/s/ David C. Veis_______________________
David C. Veis (83135)

3

2049 Century Park East, Suite 3400
Los Angeles, CA 90067
Tel.: [phone]
Facsimile: [phone]
[e-mail]

4
5
6

Attorney for Defendants

7

*

8
9

*

*

PURSUANT TO STIPULATION. IT IS SO ORDERED.

10
11

_____________________
7/11/13
DATE

12

___________________________________________
HONORABLE SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT COURT

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. AND [PROPOSED] ORDER EXTENDING
TIME FOR PLS.’ RESP. TO DEFS.’ MOT. TO DISMISS
PLS.’ FIRST AND SECOND CLAIMS
010262-15 603905 V1

2-

Case4:13-cv-01854-SBA Document16 Filed07/11/13 Page4 of 5

1

E-FILING ATTESTATION

2

I, Stuart Paynter, am the ECF User whose ID and password are being used to file this

3

document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that each of the

4

signatories identified above has concurred in this filing.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. AND [PROPOSED] ORDER EXTENDING
TIME FOR PLS.’ RESP. TO DEFS.’ MOT. TO DISMISS
PLS.’ FIRST AND SECOND CLAIMS
010262-15 603905 V1

3-

Case4:13-cv-01854-SBA Document16 Filed07/11/13 Page5 of 5

1
2

CERTIFICATE OF SERVICE
I hereby certify that on July 11, 2013, I electronically filed the foregoing document using

3

the CM/ECF system which will send notification of such filing to the e-mail addresses registered in

4

the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby certify that I have

5

caused to be mailed a paper copy of the foregoing document via the United States Postal Service to

6

the non-CM/ECF participants indicated on the Manual Notice List generated by the CM/ECF

7

system.

8

/s/ Stuart M. Paynter
STUART M. PAYNTER

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. AND [PROPOSED] ORDER EXTENDING
TIME FOR PLS.’ RESP. TO DEFS.’ MOT. TO DISMISS
PLS.’ FIRST AND SECOND CLAIMS
010262-15 603905 V1

4-