P.S. Products, Inc et al v. iOffer, Inc

Filing 20

STIPULATION AND ORDER extending time to respond to complaint. Signed by Magistrate Judge Howard R. Lloyd on December 7, 2012. (hrllc1, COURT STAFF) (Filed on 12/7/2012)

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1 2 3 4 5 6 7 DARRYL M. WOO (CSB No. 100513) dwoo@fenwick.com RYAN J. MARTON (CSB No. 223979) rmarton@fenwick.com LESLIE A. KRAMER (CSB No. 253313) lkramer@fenwick.com FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: 415.875.2300 Facsimile: 415.281.1350 *E-FILED: December 7, 2012* Attorneys for Defendant iOFFER, INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 LAW AT SAN FRA NCI S CO ATTO RNEY S F ENWICK & W ES T LLP SAN JOSE DIVISION 12 13 14 P.S. PRODUCTS, INC., an Arkansas corporation, and BILLY PENNINGTON, an individual, 15 Plaintiffs, Case No.: 12-cv-4933 HRL STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT 16 v. 17 iOFFER, INC., a California corporation, 18 Defendant. 19 20 21 22 23 WHEREAS, Plaintiffs P.S. Products and Billy Pennington (collectively, “P.S. Products”) filed the above-captioned case on or about September 20, 2012; WHEREAS, on October 25, 2012 Plaintiffs P.S. Products, Inc. and Billy Pennington 24 (collectively, “P.S. Products”) and Defendant iOffer, Inc. (“iOffer”) (collectively, the “Parties”) 25 filed a Stipulation to Extend Time to Respond until December 3, 2012 to allow the Parties time to 26 discuss the possibility of early settlement; 27 28 WHEREAS, on October 26, 2012 the Court issued an Order extending iOffer’s time to respond until December 3, 2012; STIPULATION EXTENDING TIME TO RESPOND CASE NO. 12CV-4933 HRL 1 1 WHEREAS, the Parties are currently negotiating settlement; 2 WHEREAS, Plaintiffs P.S. Products, Inc. and Billy Pennington (collectively, “P.S. 3 Products”) and Defendant iOffer, Inc. (“iOffer”) have agreed that the time for iOffer to answer or 4 otherwise respond to plaintiff’s compliant is extended until December 17, 2012; 5 WHEREAS, this Stipulation does not constitute a waiver by P.S. Products or iOffer of any 6 defense, including but not limited to the defenses of lack of personal jurisdiction, lack of subject 7 matter jurisdiction, improper venue, sufficiency of process or service of process; 8 9 10 LAW AT SAN FRA NCI S CO 12 ATTO RNEY S F ENWICK & W ES T LLP 11 Now, therefore, pursuant to Civil Local Rules 6 and 7-12, the Parties, by and through their respective counsel of record, hereby stipulate as follows: 1. The deadline for iOffer to answer or otherwise respond to plaintiff’s compliant is extended until December 17; 2. All other deadlines shall remain the same. 13 14 15 IT IS SO STIPULATED. Dated: November 30, 2012 FENWICK & WEST LLP 16 17 By: /s/ Ryan J. Marton Ryan J. Marton Attorneys for Defendant iOFFER, INC. 18 19 20 21 Dated: November 30, 2012 STEWART LAW FIRM 22 23 24 25 By: /s/ Chris H. Stewart Chris H. Stewart Attorneys for Plaintiffs P.S. PRODUCTS, INC. and BILLY PENNINGTON 26 27 28 STIPULATION EXTENDING TIME TO RESPOND CASE NO. 12CV-4933 HRL 2 1 2 PROPOSED ORDER Pursuant to Stipulation, it is SO ORDERED. 3 4 5 Dated: December 7, 2012 Honorable Howard R. Lloyd United States Magistrate Judge 6 7 8 9 10 LAW AT SAN FRA NCI S CO 12 ATTO RNEY S F ENWICK & W ES T LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION EXTENDING TIME TO RESPOND CASE NO. 12CV-4933 HRL 3

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