Atari Interactive, Inc. v. Nestle, SA et al

Filing 20

STIPULATION AND ORDER re 18 Stipulation re Extension of Time filed by Nestle USA, Inc., Atari Interactive, Inc.. Signed by Judge Yvonne Gonzalez Rogers on 9/11/2017. (fs, COURT STAFF) (Filed on 9/11/2017)

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Judge Yv

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9/11/2017

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Dale J. Giali (SBN 150382)
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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A. John P. Mancini
(pro hac vice application to be filed)
1221 Avenue of the Americas
New York, NY 10020
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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MAYER BROWN LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

Counsel for Defendant Nestlé USA, Inc.

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ATARI INTERACTIVE, INC.,

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Plaintiff,

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v.

Case No. 4:17-cv-04803-YGR
STIPULATION RE EXTENSION OF
TIME TO RESPOND TO COMPLAINT

NESTLÉ, SA; NESTLÉ UK LTD; and
NESTLÉ USA, INC.,

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Defendant.

Hon. Yvonne Gonzalez Rogers

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STIPULATION TO EXTENSION OF TIME TO RESPOND TO COMPLAINT; CASE NO. 4:17-CV-04803-YGR

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Pursuant to Civil Local Rule 6-1(a), Plaintiff Atari Interactive, Inc. (Plaintiff) and

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Defendants Nestlé USA, Inc., collectively, “the parties,” by and through their respective counsel

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of record, hereby stipulate as follows:

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WHEREAS, Plaintiff filed its complaint on August 17, 2017;

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WHEREAS, Plaintiff served Nestlé USA, Inc. on August 22, 2017 (see ECF No. 15);

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WHEREAS, based on the August 22 service, Nestlé USA, Inc. currently has until

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September 12, 2017 to answer or otherwise respond to Plaintiff’s complaint;
WHEREAS, Nestlé USA, Inc. has requested and Plaintiff has consented to an additional
45 days to answer or otherwise respond to Plaintiff’s complaint;
WHEREAS, this extension of time to answer or otherwise respond to Plaintiff’s
complaint will not alter the date of any event or deadline already fixed by Court order;
WHEREAS, the parties agree that neither will be prejudiced by the agreed-upon
extension, nor will this litigation be unreasonably delayed;

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WHEREAS, this is the first time modification any of the parties has sought in this matter;

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WHEREAS, the parties are currently engaged in discussions over whether proper service

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of process has been effected upon defendants Nestlé, SA and Nestlé UK LTD; and

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WHEREAS, regardless of the outcome of those discussions, the parties agree that Nestlé

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UK and Nestlé S.A. will not be required to answer or otherwise respond to Plaintiff’s complaint

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earlier than Nestlé USA, Inc., subject to later-filed stipulation;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties,

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through their respective counsel, that Nestlé USA, Inc. shall answer or otherwise respond to

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Plaintiff’s complaint by October 27, 2017.

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SIGNATURES ON FOLLOWING PAGE

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STIPULATION TO EXTENSION OF TIME TO RESPOND TO COMPLAINT; CASE NO. 4:17-CV-04803-YGR

Respectfully Submitted,

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Dated: September 7, 2017

MAYER BROWN LLP
A. John P. Mancini
Dale J. Giali

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By: /s/ Dale J. Giali
Dale J. Giali

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Counsel for Defendant Nestlé USA, Inc.

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Dated: September 7, 2017

BROWNE GEORGE ROSS LLP,

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By: /s/ Keith J. Wesley
Keith J. Wesley

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Counsel for Plaintiff
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STIPULATION TO EXTENSION OF TIME TO RESPOND TO COMPLAINT; CASE NO. 4:17-CV-04803-YGR

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ATTESTATION
I, Dale J. Giali, hereby attest, pursuant to Civil Local. Rule 5-1(i)(3), that
concurrence to the filing of this document has been obtained from each signatory.

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By:

/s/ Dale J. Giali

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STIPULATION TO EXTENSION OF TIME TO RESPOND TO COMPLAINT; CASE NO. 4:17-CV-04803-YGR