Garden Meadow, Inc. et al v. Grocery Outlet, Inc.

Filing 13

ORDER Granting Stipulation Extending the Time to File a Responsive Pleading. Signed by Judge Lucy H. Koh on 10/02/12. (lhklc3, COURT STAFF) (Filed on 10/2/2012)

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UNITED STATES DISTRICT COURT

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United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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GARDEN MEADOW, INC., a Connecticut
Corporation,
Plaintiff,

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v.

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GROCERY OUTLET, INC., a California
Corporation doing business as GROCERY
OUTLET and as IDEAL DISTRIBUTING

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and

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JOHN DOES Numbers 1 through 99,

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Defendants.

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Case No.: 12-CV-04811-LHK
ORDER GRANTING STIPULATION
EXTENDING THE TIME TO FILE A
RESPONSIVE PLEADING

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Pursuant to Local Rule 6-1(a), Plaintiff Garden Meadow, Inc. (“Garden Meadow”) and
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Defendant Grocery Outlet, Inc. (doing business as Grocery Outlet and Ideal Distributing)
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(“Grocery Outlet”), hereby stipulate that the time frame to file a responsive pleading to the
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complaint in this matter be extended as follows:
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a. The complaint and summons was served on Grocery Outlet on September 20, 2012.
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b. Federal Rule of Civil Procedure 12(a)(1)(i) requires a defendant to serve an answer
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within 21 days after being served with the summons and complaint.
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c. Therefore, Grocery Outlet’s responsive pleading is, absent any extension of time, due no
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Case No.: 12-CV-04811-LHK
ORDER GRANTING STIPULATION EXTENDING THE TIME
TO FILE A RESPONSIVE PLEADING

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later than October 11, 2012, in accordance with the Federal Rule of Civil Procedure

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12(a)(1)(i).

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d. Garden Meadows and Grocery Outlet agreed and stipulated to extend the time by which

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Grocery Outlet must file a responsive pleading to the complaint until and through 40

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days from the service of the complaint and summons, October 30, 2012.

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e. Grocery Outlet has agreed that it will file a responsive pleading on or before October 30,

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2012.
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United States District Court
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Case No.: 12-CV-04811-LHK
ORDER GRANTING STIPULATION EXTENDING THE TIME
TO FILE A RESPONSIVE PLEADING

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f. Garden Meadows and Grocery Outlet have agreed and stipulated to no extensions or

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modifications of case deadlines prior to the stipulation set forth herein. Neither party

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believes this extension will substantially impact the overall case schedule.

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IT IS SO STIPULATED.

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Dated: September 28, 2012

WATT, TIEDER, HOFFAR
& FITZGERALD, L.L.P.

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United States District Court
For the Northern District of California

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By:

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Dated: September 28, 2012

/s/ Joseph F. Moore
Joseph F. Moore 1
Attorneys for Plaintiff
GARDEN MEADOW, INC.

DAVIS WRIGHT TREMAINE LLP

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By:

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/s/ Sanjay M. Nangia
Sanjay M. Nangia
Attorneys for Defendant
GROCERY OUTLET, INC.

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IT IS SO ORDERED.

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Dated: October 2, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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Joseph F. Moore, counsel for Garden Meadows, attests that he has obtained concurrence in the
filing of this document from signatory Sanjay M. Nangia who is an ECF user but whose user ID
and password are not utilized in the electronic filing of the document. Joseph F. Moore has
retained records to support this concurrence for subsequent production for the Court, if so ordered,
or for inspection upon request by a party, until one year after the final resolution of the action
(including appeal, if any).
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Case No.: 12-CV-04811-LHK
ORDER GRANTING STIPULATION EXTENDING THE TIME
TO FILE A RESPONSIVE PLEADING