Payne et al v. Menu Foods, Inc. et al

Filing 26

Joint MOTION for Extension of Time to File Response/Reply by The Proctor & Gamble Company. (Howarth, Don)

Case 3:07-cv-00705-JAH-CAB

Document 26

Filed 05/18/2007

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Don Howarth, State Bar No. 53783 Suzelle M. Smith, State Bar No. 113992 HOWARTH & SMITH 523 West Sixth Street, Suite 728 Los Angeles, California 90014 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant THE PROCTER & GAMBLE COMPANY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ROBERT PAYNE and STEVE BARTILUCCI,

) ) ) Plaintiffs, ) ) vs. ) ) MENU FOODS, INC., a New Jersey ) corporation, PETCO ANIMAL SUPPLIES, ) INC.; a Delaware corporation, SAFEWAY, ) INC., a Delaware corporation, THE PROCTER & GAMBLE COMPANY, a Ohio ) ) corporation, and DOES 1 through 50, ) ) Defendants. ) ) ) ) /// /// /// /// /// /// /// /// ///
07:P1832001.doc

CASE NO. 07cv0705 JAH(GAB) Honorable John A. Houston JOINT MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING

07cv0705 JAH(GAB)

Case 3:07-cv-00705-JAH-CAB

Document 26

Filed 05/18/2007

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Pursuant to CivLR 12.1 of the Local Rules of Practice for United States District Court, Southern District of California, Defendant The Procter & Gamble Company ("Defendant") and Plaintiffs Robert Payne and Steve Bartilucci ("Plaintiffs"), hereby jointly move for an order extending the time for Defendant to file its response to Plaintiffs' Complaint. The parties jointly request that the deadline for filing Defendant's First Responsive pleading be extended from May 29, 2007 to June 11, 2007. Good cause exists for granting an extension. Defendant filed a previous joint motion to extend its time to respond until May 29, which the Court granted. At the time, Defendant had not made an appearance in the case and did not have notice that Menu Foods, Inc. had filed a motion to stay all proceedings. Since then, Defendant has conferred with Menu Foods and on May 14, 2007, Defendant filed a joinder in Menu Foods' Motion to Stay. The hearing on the motion to stay is set for May 31, 2007 at 3:00pm. Since the Court's ruling on the motion to stay would govern all parties and proceedings in the case, Defendant seeks a further extension of time to file its responsive pleading to a date after the May 31 hearing. Menu Foods' responsive pleading is due on June 11, and the parties hereto ask that Defendant The Procter & Gamble Company's responsive pleading be due on that same date. Dated: May 18, 2007 HOWARTH & SMITH s/Don Howarth Don Howarth Attorneys for Defendant The Procter & Gamble Company

Dated: May 18, 2007

KRAUSE, KALFAYAN, BENINK & SLAVENS, LLP s/Eric J. Benink__________ Eric J. Benink Attorneys for Plaintiffs Robert Payne and Steve Bartilucci

07:P1832001.doc

Case 3:07-cv-00705-JAH-CAB

Document 26

Filed 05/18/2007

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CERTIFICATE OF SERVICE I certify that on May 18, 2007, I caused the following document: JOINT MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING to be filed electronically with the Clerk of Court through ECF, and that ECF will send an enotice of the electronic filing to the following: Susan Moriarty Hack at [e-mail] Richard Mark Segal at [e-mail]; [e-mail] I further certify that I caused a copy of the foregoing document and the notice of electronic filing to be mailed by first class mail, postage prepaid, to the following non-ECF participants: Eric J. Benink, Esq. KRAUSE KALFAYAN BENINK & SLAVENS, LLP 625 Broadway, Suite 635 San Diego, California 92101 Priya Jesani, Esq. Edward B Ruff, III, Esq. Michael P Turiello, Esq. PRETZEL AND STOUFFER CHARTERED One Wacker Drive Suite 2500 Chicago, IL 60606 Dated: May 18, 2007 s/Don Howarth Don Howarth

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07:P1832001.doc

07cv0705 JAH(GAB)