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Bunnett & Company, Inc. v. J.D. Heiskell Holdings, LLC, 3:17-cv-01475-RS. (2018)

Court: District Court, N.D. California Number: infdco20180315a98 Visitors: 12
Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: ORDER STIPULATION TO EXTEND CERTAIN DEADLINES RICHARD SEEBORG , District Judge . The undersigned parties, Plaintiffs Bunnett & Company, Inc. and Energy Feeds International, LLC (the "Plaintiffs") and Defendants J.D. Heiskell Holdings, LLC ("J.D. Heiskell" or "JDH"), Todd Gearheart and E&K AG, LLC ("Todd Gearheart"), and Ray Gearheart and Gearhart AG Consulting, Inc. ("Ray Gearheart") (the "Defendants") (collectively, the "Parties") hereby stipulate to an extension of certain deadlines as se
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ORDER STIPULATION TO EXTEND CERTAIN DEADLINES

The undersigned parties, Plaintiffs Bunnett & Company, Inc. and Energy Feeds International, LLC (the "Plaintiffs") and Defendants J.D. Heiskell Holdings, LLC ("J.D. Heiskell" or "JDH"), Todd Gearheart and E&K AG, LLC ("Todd Gearheart"), and Ray Gearheart and Gearhart AG Consulting, Inc. ("Ray Gearheart") (the "Defendants") (collectively, the "Parties") hereby stipulate to an extension of certain deadlines as set forth herein:

1. Whereas, on February 27, 2018, the Court granted in part and denied in part Defendants' Motion to Dismiss relating to Plaintiffs' Second Amended Complaint (Dkt. No. 104) ("Order");

2. Whereas, the Court's Order on Defendants' Motion to Dismiss provided that Plaintiffs were granted leave to amend consistent with the Order, and that any amended complaint must be filed within 20 days of entry of that Order;

3. Whereas, Fed. R. Civ. P. 12(a)(4) presently requires Defendants to file a responsive pleading to Plaintiffs' Second Amended Complaint 14 days from entry of that Order;

4. Whereas, Plaintiffs intend to file a Third Amended Complaint consistent with the Court's Order;

5. Whereas, the Parties agree that in the interest of efficient case management, Defendants need not respond to the Second Amended Complaint in view of Plaintiffs' intent to file a Third Amended Complaint;

6. Due to various schedules of the parties and their counsel, the parties have stipulated that Plaintiffs' amended complaint consistent with the Court's Order will be due by April 2, 2018 and that Defendants' responsive pleading will be due April 30, 2018.

7. IT IS SO STIPULATED, that Plaintiffs' anticipated Third Amended Complaint shall be due April 2, 2018 and Defendants' responsive pleading to Plaintiffs' Third Amended Complaint as permitted by the Court's Order will be due on April 30, 2018. In the event that Plaintiffs do not file their anticipated Third Amended Complaint, Defendants shall file their respective responsive pleadings to the Second Amended Complaint by April 30, 2018.

ATTESTATION

I hereby attest that the concurrence in the filing of this document has been obtained by each of the signatories hereto. Dated: March 13, 2018.

KUTAK ROCK LLP By: /s/Jacob Song Jacob Song Attorney for Defendant J.D. HEISKELL HOLDINGS, LLC
Source:  Leagle

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