Filed: Nov. 13, 2017
Latest Update: Nov. 13, 2017
Summary: STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT (THIRD REQUEST) CARL W. HOFFMAN , Magistrate Judge . Plaintiffs United States of America for the Use and Benefit of American General Construction, Inc. and American General Construction, Inc. d/b/a AGC, Inc. ("Plaintiffs"), Defendant PAE Applied Technologies, Inc. ("PAE"), Defendant Yack Construction, Inc. ("Yack") and Defendant Merchants Bonding Company ("Merchants") stipulate as follows:
Summary: STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT (THIRD REQUEST) CARL W. HOFFMAN , Magistrate Judge . Plaintiffs United States of America for the Use and Benefit of American General Construction, Inc. and American General Construction, Inc. d/b/a AGC, Inc. ("Plaintiffs"), Defendant PAE Applied Technologies, Inc. ("PAE"), Defendant Yack Construction, Inc. ("Yack") and Defendant Merchants Bonding Company ("Merchants") stipulate as follows: ..
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STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT
(THIRD REQUEST)
CARL W. HOFFMAN, Magistrate Judge.
Plaintiffs United States of America for the Use and Benefit of American General Construction, Inc. and American General Construction, Inc. d/b/a AGC, Inc. ("Plaintiffs"), Defendant PAE Applied Technologies, Inc. ("PAE"), Defendant Yack Construction, Inc. ("Yack") and Defendant Merchants Bonding Company ("Merchants") stipulate as follows:
Plaintiffs filed their First Amended Complaint [ECF No. 14] on September 19, 2017, adding PAE as a party to the suit. The parties stipulated to extend PAE's response deadline to October 27, 2017 and subsequently stipulated to extend PAE's response deadline to November 10, 2017. The parties now stipulate and agree that Defendants PAE, Yack and Merchants shall have until and including January 18, 2018 to file their respective responses to Plaintiffs' First Amended Complaint. The parties further stipulate that all parties' discovery obligations, if any, shall be tolled until January 8, 2018.
This is the parties' third request for an extension of time for PAE to respond to the First Amended Complaint, first request for an extension of time for Yack and Merchants to respond to the First Amended Complaint and first request to toll discovery obligations. All parties have agreed to mediate this matter and have scheduled a mediation with The Hon. Gene T. Porter (Ret.) for December 20, 2017. The parties are hopeful that the upcoming mediation will resolve this matter in its entirety. This requested extension is made in good faith and is not intended to cause delay or prejudice to any party, but rather to facilitate a settlement resolution without further court involvement and without the unnecessary expenditure of additional attorney's fees. In the event that the parties are unable to resolve this matter via mediation, the parties will submit an amended discovery plan and scheduling order to the Court by January 25, 2018.
By so stipulating, none of the parties waive any claims, rights or defenses and expressly reserve all rights and defenses under Fed. R. Civ. P. 8 and 12.
IT IS SO ORDERED.
