Filed: Sep. 12, 2016
Latest Update: Sep. 12, 2016
Summary: STIPULATION AND ORDER FOR A SECOND EXTENSION FOR DEFENDANT TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT [L.R. 144(a)] KIMBERLY J. MUELLER , District Judge . Pursuant to Local Rule 144(a), defendant EarthLink, LLC, as successor in interest to EarthLink, Inc. ("Defendant") and plaintiff Linda Kleiner ("Plaintiff"), by and through their undersigned counsel, hereby stipulate to a second brief extension of the time for Defendant to file its answer or responsive pleadings to Plaintiff's Class
Summary: STIPULATION AND ORDER FOR A SECOND EXTENSION FOR DEFENDANT TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT [L.R. 144(a)] KIMBERLY J. MUELLER , District Judge . Pursuant to Local Rule 144(a), defendant EarthLink, LLC, as successor in interest to EarthLink, Inc. ("Defendant") and plaintiff Linda Kleiner ("Plaintiff"), by and through their undersigned counsel, hereby stipulate to a second brief extension of the time for Defendant to file its answer or responsive pleadings to Plaintiff's Class ..
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STIPULATION AND ORDER FOR A SECOND EXTENSION FOR DEFENDANT TO RESPOND TO PLAINTIFF'S CLASS ACTION COMPLAINT [L.R. 144(a)]
KIMBERLY J. MUELLER, District Judge.
Pursuant to Local Rule 144(a), defendant EarthLink, LLC, as successor in interest to EarthLink, Inc. ("Defendant") and plaintiff Linda Kleiner ("Plaintiff"), by and through their undersigned counsel, hereby stipulate to a second brief extension of the time for Defendant to file its answer or responsive pleadings to Plaintiff's Class Action Complaint. The parties stipulate as follows:
1. Plaintiff's Class Action Complaint ("Complaint") was filed on July 13, 2016.
2. EarthLink was served with a copy of the Complaint on July 26, 2016.
3. Plaintiff and EarthLink filed a Joint Stipulation Extending Time for Defendant to Respond to Plaintiff's Class Action Complaint on August 10, 2016 (the "Stipulation"). Dkt. No. 6. Pursuant to the Stipulation, EarthLink's answer or responsive pleading is due September 12, 2016.
4. EarthLink has informed Plaintiff's counsel that it does not believe Linda Kleiner is a proper plaintiff in this case and intended to file a motion to dismiss for lack of standing. The parties also discussed the existence of an arbitration clause in EarthLink's terms and conditions.
5. The parties are continuing to meet and confer on the contemplated motion to dismiss.
6. Good cause exists for the requested 14-day extension. Plaintiff and EarthLink are continuing to discuss the issue of Plaintiff's standing. The requested extension will provide the parties with the opportunity to further investigate the issue and continue their efforts to reach a resolution, without the filing of potentially unnecessary papers and further intervention from the Court.
7. Defendant's response to the Complaint shall be filed not later than September 26, 2016.
ORDER
Good cause appearing, the court APPROVES the parties' stipulation for a second extension (ECF No. 7). Accordingly, defendant's response to the complaint shall be filed no later than September 26, 2016.
IT IS SO ORDERED.
