Filed: Aug. 13, 2014
Latest Update: Aug. 13, 2014
Summary: STIPULATION AND ORDER GOVERNING SERVICE OF COMPLAINT FOR DAMAGES AND OTHER RELIEF, AND EACH DEFENDANT'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND GRAHAM C. MULLEN, District Judge. WHEREAS, plaintiff Robert Harris (the "Plaintiff") filed his Complaint for Damages and Other Relief (the "Complaint") on April 14, 2014; WHEREAS, the Complaint has not yet been served on all defendants (the "Defendants") named therein; WHEREAS, on May 1, 2014, Swisher Hygiene, Inc. notified the Panel on Multidistr
Summary: STIPULATION AND ORDER GOVERNING SERVICE OF COMPLAINT FOR DAMAGES AND OTHER RELIEF, AND EACH DEFENDANT'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND GRAHAM C. MULLEN, District Judge. WHEREAS, plaintiff Robert Harris (the "Plaintiff") filed his Complaint for Damages and Other Relief (the "Complaint") on April 14, 2014; WHEREAS, the Complaint has not yet been served on all defendants (the "Defendants") named therein; WHEREAS, on May 1, 2014, Swisher Hygiene, Inc. notified the Panel on Multidistri..
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STIPULATION AND ORDER GOVERNING SERVICE OF COMPLAINT FOR DAMAGES AND OTHER RELIEF, AND EACH DEFENDANT'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND
GRAHAM C. MULLEN, District Judge.
WHEREAS, plaintiff Robert Harris (the "Plaintiff") filed his Complaint for Damages and Other Relief (the "Complaint") on April 14, 2014;
WHEREAS, the Complaint has not yet been served on all defendants (the "Defendants") named therein;
WHEREAS, on May 1, 2014, Swisher Hygiene, Inc. notified the Panel on Multidistrict Litigation (the "MDL Panel") of this action, and requested that it be transferred and centralized in the United States District Court for the Western District of North Carolina (the "Western District of North Carolina" or the "Court") with other related actions pending there;
WHEREAS, on May 5, 2014, the MDL Panel issued a Conditional Transfer Order (the "CTO"), conditionally transferring the case to the Western District of North Carolina;
WHEREAS, the CTO was received by the Clerk of the Western District of North Carolina and on August 6, 2014 the CTO was filed as Docket Entry Number 103 in this multidistrict litigation, captioned In re Swisher Hygiene, Inc. Securities and Derivative Litigation, No. 3:12-md-02384-GCM (W.D.N.C.), and the Harris matter was received by this Court from the Southern District of Florida; and
WHEREAS, the parties have reached an agreement regarding service of the Complaint and a stay of proceedings in this action, including each Defendant's time to answer, move or otherwise respond to the Complaint in light of the transfer of the action to the Western District of North Carolina and the status of other actions pending there;
IT IS HEREBY STIPULATED AND AGREED, by and among the parties through the undersigned counsel, subject to the approval of the Court, that:
1. The Defendants accept service of the Summons and Complaint and waive any defense based on insufficiency of service. Nothing in this Stipulation shall constitute a waiver of any other defense that any Defendant may have.
2. The Defendants do not need to answer, move or otherwise respond to the Complaint until 30 days after the Court rules on the motions to dismiss filed in the member case captioned Miller, et al. v. Swisher Hygiene, Inc., et al., No. 3:14-cv-2387 (W.D.N.C.).
3. All proceedings in action are stayed in this action until the Court rules on the motions to dismiss filed in the action captioned Miller, et al. v. Swisher Hygiene, Inc., et al., No. 3:14-cv-2387 (W.D.N.C.).
4. The parties reserve their rights to seek a modification of this proposed order or any other relief upon expiration of this proposed order.
SO ORDERED.
