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ROBLES v. COMTRAK LOGISTICS, INC., 2:13-CV-00161-JAM-AC. (2014)

Court: District Court, E.D. California Number: infdco20141231868 Visitors: 7
Filed: Dec. 30, 2014
Latest Update: Dec. 30, 2014
Summary: JOINT STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT [LOCAL RULE 144] JOHN A. MENDEZ, District Judge. STIPULATION Pursuant to L.R. 144(a), Plaintiff SALVADOR ROBLES, individually and on behalf of others similarly situated, and Defendant HUB GROUP TRUCKING, INC. (formerly known as Comtrak Logistics, Inc.), by and through their undersigned counsel, hereby stipulate and agree to an extension of time of fourteen (14) days for Defendant to respond to the First Amended
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JOINT STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT [LOCAL RULE 144]

JOHN A. MENDEZ, District Judge.

STIPULATION

Pursuant to L.R. 144(a), Plaintiff SALVADOR ROBLES, individually and on behalf of others similarly situated, and Defendant HUB GROUP TRUCKING, INC. (formerly known as Comtrak Logistics, Inc.), by and through their undersigned counsel, hereby stipulate and agree to an extension of time of fourteen (14) days for Defendant to respond to the First Amended Complaint. The grounds for this stipulation are as follows:

WHEREAS, on April 23, 2013, the Parties stipulated that Defendant's first responsive pleading in this action would be due twenty-eight (28) days from the date Plaintiff filed his First Amended Complaint.

WHEREAS, on May 6, 2013, Plaintiff filed his First Amended Complaint against Defendant, making Defendant's responsive pleading due on June 3, 2013.

WHEREAS, on June 3, 2013, Defendant filed a Motion to Dismiss Plaintiff's First Amended Complaint.

WHEREAS, on December 19, 2014, the Court denied Defendant's Motion to Dismiss Plaintiff's First Amended Complaint resulting in a January 2, 2015 deadline for Defendant's responsive pleading. See Fed. R. Civ. Proc. 12(a)(4).

WHEREAS, Plaintiff intends to file a second amended complaint for which Plaintiff will seek leave of court.

WHEREAS, Plaintiff will provide a draft of the proposed second amended complaint to Defendant sometime after the Holiday season, prior to seeking leave of court.

WHEREAS, given the intervening Holiday season, and Plaintiff's intent to pursue a proposed Second Amended Complaint, the Parties have agreed to extend the deadline for Defendant to respond to Plaintiff's First Amended Complaint by fourteen (14) days, to January 16, 2015.

THEREFORE, THE PARTIES HEREBY STIPULATE AND RESPECTFULLY REQUEST THAT THE COURT ORDER that Defendant shall have an extension of time of fourteen (14) days, until January 16, 2015 to respond to Plaintiff's First Amended Complaint.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED Defendant Comtrak shall have until January 16, 2015 to respond to Plaintiff's First Amended Complaint in this matter.

Source:  Leagle

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