Filed: Jun. 09, 2016
Latest Update: Jun. 09, 2016
Summary: STIPULATION (SECOND) TO EXTEND THE TIME FOR DEFENDANTS OFFICEMAX NORTH AMERICA, INC. dba OFFICEMAX #6307 AND MAPES RANCH INVESTMENTS, LLC, TO FILE RESPONSIVE PLEADING [LOCAL RULE 144] SHEILA K. OBERTO , Magistrate Judge . Pursuant to Local Rule 144, Plaintiff Martin Vogel ("Plaintiff") and Defendants OfficeMax North America, Inc. dba OfficeMax #6307 ("OfficeMax") and Mape's Ranch Investments (Mape's Ranch) (collectively, "Defendants") hereby stipulate that Defendants shall have until Jun
Summary: STIPULATION (SECOND) TO EXTEND THE TIME FOR DEFENDANTS OFFICEMAX NORTH AMERICA, INC. dba OFFICEMAX #6307 AND MAPES RANCH INVESTMENTS, LLC, TO FILE RESPONSIVE PLEADING [LOCAL RULE 144] SHEILA K. OBERTO , Magistrate Judge . Pursuant to Local Rule 144, Plaintiff Martin Vogel ("Plaintiff") and Defendants OfficeMax North America, Inc. dba OfficeMax #6307 ("OfficeMax") and Mape's Ranch Investments (Mape's Ranch) (collectively, "Defendants") hereby stipulate that Defendants shall have until June..
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STIPULATION (SECOND) TO EXTEND THE TIME FOR DEFENDANTS OFFICEMAX NORTH AMERICA, INC. dba OFFICEMAX #6307 AND MAPES RANCH INVESTMENTS, LLC, TO FILE RESPONSIVE PLEADING
[LOCAL RULE 144]
SHEILA K. OBERTO, Magistrate Judge.
Pursuant to Local Rule 144, Plaintiff Martin Vogel ("Plaintiff") and Defendants OfficeMax North America, Inc. dba OfficeMax #6307 ("OfficeMax") and Mape's Ranch Investments (Mape's Ranch) (collectively, "Defendants") hereby stipulate that Defendants shall have until June 24, 2016, to file a responsive pleading or otherwise respond to Plaintiff's Complaint.
This is the second (and final) request for an extension. The parties have initiated settlement discussions and are hopeful that this matter may resolve before responsive pleadings need to be filed.
Therefore, the parties hereby request that the Court continue the currently scheduled deadline for filing a responsive pleading to June 24, 2016.
ORDER
Pursuant to the Court's Order entered April 27, 2016 (Doc. 9), Defendants OfficeMax North America, Inc. dba OfficeMax #6307's ("OfficeMax") and Mape's Ranch Investments' (Mape's Ranch) (collectively, "Defendants") responses to Plaintiff Martin Vogel's ("Plaintiff") complaint were due May 31, 2016. The parties' stipulated request for a second extension of time for Defendants to file their responsive pleadings was filed June 7, 2016, seven days after the responsive pleading deadline. Although the Court may extend time to file a responsive pleading after the deadline has expired because of "excusable neglect," Fed. R. Civ. P. 6(b)(1)(B), no such excusable neglect has been articulated — much less shown — here. However, given the absence of bad faith or prejudice to Plaintiff (as evidenced by the parties' agreement to the extension of time) and the parties' representations regarding settlement discussions, and in view of the liberal construction of Fed. R. Civ. 6(b)(1) to effectuate the general purpose of seeing that cases are tried on the merits, see Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010), the Court GRANTS the parties' second stipulated request.
It is hereby ORDERED that Defendants OfficeMax and Mape's Ranch shall file their responsive pleadings by no later than June 24, 2016. This extension does not impact or change any event or deadline already set by the Court.
IT IS SO ORDERED.
