Filed: Dec. 02, 2013
Latest Update: Dec. 02, 2013
Summary: STIPULATION AND ORDER RE: DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS WILLIAM B. SHUBB, District Judge. WHEREAS, Plaintiff Carolina Casualty Insurance Company ("Plaintiff") filed a First Amended Complaint ("Complaint") in this matter on November 1, 2013, and effected service on Defendant Pacific Commercial Services LLC ("PCS") on November 13, 2013; WHEREAS, PCS' response to the Complaint is due on or before December 4, 2013; WHEREAS, prior to thi
Summary: STIPULATION AND ORDER RE: DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS WILLIAM B. SHUBB, District Judge. WHEREAS, Plaintiff Carolina Casualty Insurance Company ("Plaintiff") filed a First Amended Complaint ("Complaint") in this matter on November 1, 2013, and effected service on Defendant Pacific Commercial Services LLC ("PCS") on November 13, 2013; WHEREAS, PCS' response to the Complaint is due on or before December 4, 2013; WHEREAS, prior to this..
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STIPULATION AND ORDER RE: DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING SCHEDULE ON MOTIONS TO DISMISS
WILLIAM B. SHUBB, District Judge.
WHEREAS, Plaintiff Carolina Casualty Insurance Company ("Plaintiff") filed a First Amended Complaint ("Complaint") in this matter on November 1, 2013, and effected service on Defendant Pacific Commercial Services LLC ("PCS") on November 13, 2013;
WHEREAS, PCS' response to the Complaint is due on or before December 4, 2013;
WHEREAS, prior to this stipulation, PCS has not requested or received any extension of time for responding to the Complaint;
WHEREAS, PCS intends to file a motion pursuant to Rule 12 of the Federal Rules of Civil Procedure;
WHEREAS, the Court has set a Scheduling Conference to take place on January 21, 2013, at 2:00 p.m.;
WHEREAS, having PCS' motion heard coincident with the Scheduling Conference will save judicial and the parties' resources, by avoiding multiple hearings, and will not interfere with the Scheduling Conference; and
WHEREAS, Plaintiff and PCS have agreed to a briefing schedule on PCS' motion that satisfies the requirements of Local Rule 230, while also allowing additional time in advance of filing the motion for the parties to meet and confer on the substance of the motion;
WHEREAS, Plaintiff effected service of the Complaint upon Defendant Oahu Air Conditioning ("OAC") on November 14, 2013;
WHEREAS OAC's responsive pleading, whether in the form of an Answer or Rule 12 Motion to Dismiss, is due on or before December 5, 2013;
IT IS HEREBY STIPULATED:
1. The deadline for PCS and OAC to respond to the Complaint by answer or motion pursuant to Rule 12 of the Federal Rules of Civil Procedure shall be December 13, 2013.
2. If PCS files a Rule 12 motion, Plaintiff's opposition to the motion shall be filed on or before January 7, 2014. PCS' reply shall be filed on or before January 14, 2014. PCS' motion shall be heard on January 21, 2014, at 2:00 p.m. in Courtroom 5, the same date and time as the Scheduling Conference. Likewise, if OAC files a Rule 12 motion, it will follow the above-mentioned briefing schedule.
IT IS SO ORDERED.
