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GSF Nut Company, LLC v. Hong Kong Bin Guo International Trading Limited, 1:16-cv-00501-LJO-MJS. (2017)

Court: District Court, E.D. California Number: infdco20170807529 Visitors: 14
Filed: Aug. 03, 2017
Latest Update: Aug. 03, 2017
Summary: STIPULATION AND ORDER GRANTING DEFENDANT HEBEI AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT MICHAEL J. SENG , Magistrate Judge . STIPULATION WHEREAS, Defendant Hebei Yang Yuan Zhi Hui Yin Pin Gu Fen You Xian Gong Si ("Hebei") was served with Plaintiff GSF Nut Company, LLC's ("GSF") Complaint (ECF No. 1) and the Court Summons (ECF No. 3) on July 19, 2017; WHEREAS, under Federal Rule of Civil Procedure 12(a)(1), Hebei must file a responsive pleading to GSF's
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STIPULATION AND ORDER GRANTING DEFENDANT HEBEI AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT

STIPULATION

WHEREAS, Defendant Hebei Yang Yuan Zhi Hui Yin Pin Gu Fen You Xian Gong Si ("Hebei") was served with Plaintiff GSF Nut Company, LLC's ("GSF") Complaint (ECF No. 1) and the Court Summons (ECF No. 3) on July 19, 2017;

WHEREAS, under Federal Rule of Civil Procedure 12(a)(1), Hebei must file a responsive pleading to GSF's Complaint no later than August 9, 2017;

WHEREAS, Federal Rule of Civil Procedure 6(b) authorizes the Court to extend time for good cause if the extension is requested before the original deadline;

WHEREAS, Hebei, a Chinese corporation, needs additional time to investigate the allegations in the Complaint and draft a responsive pleading to GSF's Complaint;

WHEREAS, Hebei and GSF shall file this Stipulation and [Proposed] Order with the Court before August 10, 2017;

WHEREAS, Hebei does not waive any defenses under Federal Rule of Civil Procedure 12(b) by entering into and filing this Stipulation and [Proposed] Order, including but not limited to defenses asserting that the Court lacks personal jurisdiction over Hebei or that Hebei failed to receive sufficient service of process;

IT IS HEREBY STIPULATED by and between GSF and Hebei that Hebei shall be granted a thirty-day extension of time to file a responsive pleading to GSF's Complaint, such that any responsive pleading to the Complaint is due no later than September 8, 2017.

ORDER

Pursuant to the foregoing stipulation between Plaintiff GSF Nut Company, LLC("GSF") and Defendant Hebei Yang Yuan Zhi Hui Yin Pin Gu Fen You Xian Gong Si ("Hebei"), and upon a finding of good cause, Hebei is HEREBY GRANTED a thirty-day extension of time to and through September 8, 2017, to file a responsive pleading to GSF's Complaint in Case No. 1:16-cv-00501-LJO-MJS.

IT IS SO ORDERED.

Source:  Leagle

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