Filed: Dec. 18, 2018
Latest Update: Dec. 18, 2018
Summary: STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER JON S. TIGAR , District Judge . Pursuant to Civil L.R. 6-2, and subject to the approval of the Court as provided below, the parties, Plaintiff Anne Marie Paquin and Defendant Dandelion Ventures, LLC, by and through their respective counsel, hereby stipulate to extend the time for Defendants to respond to Plaintiff's complaint and to continue the initial case manageme
Summary: STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER JON S. TIGAR , District Judge . Pursuant to Civil L.R. 6-2, and subject to the approval of the Court as provided below, the parties, Plaintiff Anne Marie Paquin and Defendant Dandelion Ventures, LLC, by and through their respective counsel, hereby stipulate to extend the time for Defendants to respond to Plaintiff's complaint and to continue the initial case managemen..
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
JON S. TIGAR, District Judge.
Pursuant to Civil L.R. 6-2, and subject to the approval of the Court as provided below, the parties, Plaintiff Anne Marie Paquin and Defendant Dandelion Ventures, LLC, by and through their respective counsel, hereby stipulate to extend the time for Defendants to respond to Plaintiff's complaint and to continue the initial case management conference scheduled for December 19, 2018. The parties state as follows:
1. On November 14, 2018, a service package, including the summons and complaint, was served on Dandelion's California registered agent for service of process. ECF No. 10.
2. Plaintiff contends that Defendant's time to respond to the complaint elapsed on December 6, 2018, and filed a Request For Entry of Default on December 7, 2018. ECF No. 11.
3. On December 10, counsel for Dandelion contacted counsel for Plaintiff for the first time.
4. Dandelion contends that it did not receive the service package until Friday, December 7, and Dandelion does not admit its agent for service was served or that the entity served was Dandelion's agent for service, as Dandelion's counsel does not have sufficient information to form an opinion as to those allegations at this time.
5. Dandelion requires additional time to review the claims raised in the complaint;
6. The parties have conferred and Plaintiff has agreed to withdraw its Request For Entry of Default and the parties have agreed to extend the time for Defendant to answer by 29 days, from the previous deadline of December 6, 2018 to January 4, 2018.
7. By Order dated September 18, 2018, the Court set an initial case management conference at 2:00 p.m. on December 19, 2018. ECF No. 9. The parties further stipulate to continue the initial case management conference by 35 days, from December 19 to January 23, 2019, and adopt the related deadlines described in the Court's September 12 Order, ECF No. 4, and modified below:
PROPOSED CASE SCHEDULE
Date Event
Defendant's Answer Due
1/4/2019
Last day to:
1/11/2019
• meet and confer re: initial disclosures,
early settlement, ADR process selection,
and discovery plan
• file ADR Certification signed by Parties
and Counsel (form available at
http://www.cand.uscourts.gov)
Last day to file Rule 26(f) Report,
1/14/2019
complete initial disclosures or state
objection in Rule 26(f) Report and file
Case Management Statement per Standing
Order re Contents of Joint Case
Management Statement
(also available at
http://www.cand.uscourts.gov)
INITIAL CASE MANAGEMENT
1/23/2019 CONFERENCE (CMC) at 2:00 PM in:
Courtroom 9, 19th Floor
Phillip Burton Federal Building
450 Golden Gate Avenue
San Francisco, CA 94102
8. No prior extensions of time have been requested or granted.
9. This change will not alter the date of any other event or deadline already fixed by Court order, other than the date of the initial case management conference.
THEREFORE, IT IS HEARBY STIPULATED by and between Plaintiff and Defendant that Defendant has until January 4, 2019 to respond to Plaintiff's complaint. The parties further respectfully request that the initial case management conference be continued to January 23, 2019.
ATTESTATION
In accordance with Civil L.R 5(i)(3), I, Joshua L. Young, attest that I have obtained concurrence in the filing of this document from the other signatory listed here.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. Defendant is to answer or otherwise respond to Plaintiff's complaint by January 4, 2019. The initial case management conference will be held on January 23, 2019, at 2:00 p.m. The parties shall file a joint case management conference statement on Monday, January 14, 2019.
