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THE SHERWIN-WILLIAMS COMPANY v. COURTESY OLDSMOBILE-CADILLAC, INC., 1:15-cv-01137-MJS. (2015)

Court: District Court, E.D. California Number: infdco20151026413 Visitors: 13
Filed: Oct. 21, 2015
Latest Update: Oct. 21, 2015
Summary: STIPULATION AND ORDER TO EXTEND TIME TO AMEND ANSWER AND FILE MOTION TO STRIKE MICHAEL J. SENG , District Judge . TO THE HONORABLE MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE. Defendants COURTESY OLDSMOBILE-CADILLAC, INC. and BEN WELLS (collectively, "Defendants"), and Plaintiff, THE SHERWIN-WILLIAMS COMPANY, d/b/a SHERWIN-WILLIAMS AUTOMOTIVE FINISHES ("Plaintiff"), by and through their respective counsel, hereby agree and stipulate as follows: RECITALS WHEREAS, Plaintiff filed a Co
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STIPULATION AND ORDER TO EXTEND TIME TO AMEND ANSWER AND FILE MOTION TO STRIKE

TO THE HONORABLE MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE.

Defendants COURTESY OLDSMOBILE-CADILLAC, INC. and BEN WELLS (collectively, "Defendants"), and Plaintiff, THE SHERWIN-WILLIAMS COMPANY, d/b/a SHERWIN-WILLIAMS AUTOMOTIVE FINISHES ("Plaintiff"), by and through their respective counsel, hereby agree and stipulate as follows:

RECITALS

WHEREAS, Plaintiff filed a Complaint for Damages and Demand for Jury Trial (the "Complaint") on July 22, 2015, in United Stated District Court, Eastern District of California, Case No. 1:15-cv-01137.

WHEREAS, Defendants filed an Answer to the Complaint on October 5, 2015. WHEREAS, Any Motion to Strike by Plaintiff must be filed on or before October 26,

2015.

WHEREAS, Defendants intend to voluntarily amend their Answer.

WHEREAS, Plaintiff and Defendants have agreed to extend the time for Defendants to voluntarily amend their Answer to on or before November 9, 2015.

WHEREAS, in the event Defendants do not voluntarily amend their Answer, Plaintiff and Defendants have agreed to extend the time for Plaintiff to file a Motion to Strike to on or before November 23, 2015.

STIPULATION

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants as follows:

1. The time for Defendants to file an Amended Answer shall be extended to on or before November 9, 2015.

2. Should Defendants not file an Amended Answer, the time for Plaintiff to file a Motion to Strike shall be extended to November 23, 2015.

IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERED:

1. The time for Defendants to file an Amended Answer shall be extended to on or before November 9, 2015.

2. Should Defendants not file an Amended Answer, the time for Plaintiff to file a Motion to Strike shall be extended to November 23, 2015.

3. Inasmuch as the pleadings are not yet at issue and issues of consent to Magistrate Judge jurisdiction have been addressed and resolved, the Initial Scheduling Conference set for October 22, 2015 at 10:00 AM shall be, and hereby is, CONTINUED to January 14, 2016 at 11:30 AM before Magistrate Judge Michael J. Seng.

IT IS SO ORDERED.

Source:  Leagle

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