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

Filing 18

Order by Hon. Lucy H. Koh granting 17 Stipulation Extending the Time to File a Responsive Pleading.(lhklc3, COURT STAFF) (Filed on 10/31/2012)

1 Sanjay M. Nangia (CA State Bar No. 264986)
DAVIS WRIGHT TREMAINE LLP
2 505 Montgomery Street, Suite 800
San Francisco, California 94111
[phone]
3 Telephone:
Facsimile:
[phone]
[e-mail]
4 Email:
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DAVIS WRIGHT TREMAINE LLP

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F. Ross Boundy (WA State Bar No. 00403)
DAVIS WRIGHT TREMAINE LLP
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
(Appearance Pro Hac Vice)
Attorneys for Defendant GROCERY OUTLET, INC.

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

15 GARDEN MEADOW, INC., a Connecticut
Corporation,
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Plaintiff,
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v.
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GROCERY OUTLET, INC., a California
19 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. 5:12-cv-04811-LHK (PSG)
)
) STIPULATION AND [PROPOSED]
) ORDER 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

25 defendant Grocery Outlet, Inc. (doing business as Grocery Outlet and Ideal Distributing)
26 (“Grocery Outlet”), hereby stipulate as follows:
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a.

WHEREAS the complaint and summons was served on Grocery Outlet on

September 20, 2012;
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Stipulation and [Proposed] Order to Extend Deadline to Respond to Complaint,
Case No. 5:12-cv-04811-LHK
DWT 20575326v1 0085912-000019

b.

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WHEREAS Garden Meadows and Grocery Outlet previously stipulated to extend

2 the time by which Grocery Outlet must file a responsive pleading to the complaint to October 30,
3 2012;
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e.

WHEREAS Garden Meadows and Grocery Outlet desire additional time to attempt

5 to resolve the action and/or attempt to narrow the areas of dispute between the parties before
6 Grocery Outlet files a responsive pleading;
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f.

WHEREAS neither party believes this extension will substantially impact the

8 overall case schedule;
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g.

THEREFORE, Garden Meadows and Grocery Outlet, by their respective

DAVIS WRIGHT TREMAINE LLP

10 undersigned counsel, stipulate and agree as follows: the deadline for Grocery Outlet to file a
11 responsive pleading to the complaint shall be extended to November 9, 2012.
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IT IS SO STIPULATED.

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Dated: October 30, 2012

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

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By: /s/ Kyle Anne Citrynell
Kyle Anne Citrynell
Attorneys for Plaintiff
GARDEN MEADOW, INC.

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19 Dated: October 30, 2012

DAVIS WRIGHT TREMAINE LLP

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

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Stipulation and [Proposed] Order to Extend Deadline to Respond to Complaint,
Case No. 5:12-cv-04811-LHK
DWT 20575326v1 0085912-000019

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Pursuant to Local Rule 5-1, I am the ECF user whose identification and password are

2 being used to file this document. I attest that concurrence in the filing of this document has been
3 obtained from stipulating plaintiff. I have retained records to support this concurrence for
4 subsequent production for the Court, if so ordered, or for inspection upon request by a party, until
5 one year after the final resolution of the action (including appeal, if any).
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By: /s/ Sanjay M. Nangia
Sanjay M. Nangia
Attorneys for Defendant
GROCERY OUTLET, INC.

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DAVIS WRIGHT TREMAINE LLP

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Stipulation and [Proposed] Order to Extend Deadline to Respond to Complaint,
Case No. 5:12-cv-04811-LHK
DWT 20575326v1 0085912-000019

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IT IS SO ORDERED.

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Dated:

, 2012

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_________________________________
Hon. Lucy H. Koh, United States District Judge

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DAVIS WRIGHT TREMAINE LLP

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Stipulation and [Proposed] Order to Extend Deadline to Respond to Complaint,
Case No. 5:12-cv-04811-LHK
DWT 20575326v1 0085912-000019

PROOF OF SERVICE

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I, Katie Nelson, declare under penalty of perjury under the laws of the State of California

3 that the following is true and correct:
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I am over the age of 18 and am an employee of Davis Wright Tremaine LLP, and my

5 business address is 505 Montgomery Street, Suite 800, San Francisco, California 94111-6533.
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On October 30, 2012, I served the following documents through the Court’s electronic

7 filing system:
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STIPULATION AND [PROPOSED] ORDER EXTENDING THE TIME TO
FILE A RESPONSIVE PLEADING

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The above document was served electronically on all parties to this case through the

DAVIS WRIGHT TREMAINE LLP

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Court’s electronic mail system as indicated below:
Kyle Anne Citrynell
Christopher Shawn Fox
Seiller Waterman LLC
462 S. 4th St.
22nd Floor
Louisville, KY 40202
502-584-7400
[e-mail]
[e-mail]
Joseph Fitzpatrick Moore
Watt, Tieder, Hoffar & Fitzgerald, LLP
333 Bush Street, Suite 1500
San Francisco, CA 94104
[e-mail]

Attorneys for Plaintiff

Auric David Steele
Seiller Waterman LLC
Meidinger Tower, 22nd Floor
462 S. Fourth Street
Louisville, KY 40202
[e-mail]

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 STATE I declare under the laws of the United States of America that I am employed in the

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office of a member of the Bar of this court at whose direction the service was made and that the

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foregoing is true and correct.

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Executed on October 30, 2012, at San Francisco, California.

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/s/ Katie Nelson
Katie Nelson

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Proof of Service
Case No. 5:12-cv-04811-LHK
DWT 20413484v1 0085912-000019