STIPULATION AND [PROPOSED] ORDER FURTHER (1) EXTENDING TIME FOR DEFENDANT TO RESPOND TO COMPLAINT; AND (2) CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES (Civil L.R. 6-2(a)); DECLARATION OF ROBERT A. WEIKERT IN SUPPORT THEREOF
VINCE CHHABRIA, District Judge.
Plaintiff CENTRAL GARDEN & PET COMPANY and Defendant WEGMAN'S FOOD MARKETS, INC. (collectively, the "Parties") respectfully submit this second stipulation and proposed order in support of their request to further extend (for thirty (30) days) the time for Defendant to respond to the Complaint, and to further continue the Initial Case Management Conference, presently set for June 19, 2015, and all related dates, by an additional thirty (30) days in order to permit the Parties to complete their settlement discussions and hopefully resolve this matter.
WHEREAS, the initial Complaint in this matter was filed on February 10, 2015, and served on March 27, 2015;
WHEREAS, the Parties previously stipulated to a thirty (30) day extension of time for Defendant to answer or otherwise respond to the Complaint pursuant to Civil Local Rule 6-1(a); that stipulation was filed with the Court on April 16, 2015, and the current response date is Monday, May 18, 2015.
WHEREAS, as set forth below in the Declaration of Robert A. Weikert, the Parties are still engaged in settlement discussions (and have been since the case was filed in February), and hope to arrive at an informal resolution of this matter shortly; and
WHEREAS, in light of the active settlement discussions, Defendant would like to avoid the expense of responding to the Complaint, and the Parties would like to avoid the expense of meeting and conferring regarding the initial disclosures, preparing and serving the initial disclosures, preparing and filing the Federal Rule of Civil Procedure 26(f) Report, and appearing at the Initial Case Management Conference;
THEREFORE, the Parties hereby stipulate to, and respectfully request, the issuance of an Order from the Court further (1) extending the time for Defendant to respond to the Complaint by another thirty (30) days up to and including June 18, 2015; and (2) continuing for an additional thirty (30) days the June 19, 2015 date of the Initial Case Management Conference, as well as all related dates as set forth in the Court's February 11, 2015 Order Setting Initial Case Management Conference and ADR Deadlines, and its April 22, 2015 Order Continuing Initial Case Management Conference and Related Dates, in order to give the Parties an opportunity to complete their settlement discussions and hopefully reach an informal resolution of this matter.
DECLARATION OF ROBERT A. WEIKERT
1. I am an attorney at law duly admitted to practice before all courts in the State of California, and a partner at Nixon Peabody LLP, attorney for Defendant Wegman's Food Markets, Inc. I have personal knowledge of the matters testified to herein.
2. The Parties, through their principals, are currently involved in active discussions to informally resolve this matter. Those discussions began shortly after the Complaint was filed in February 2015, which is why there was some delay in service of the Complaint. In order to allow the Parties sufficient time to complete their discussions, which are progressing positively, and without them having to incur additional fees and expenses in the interim, it would assist the process if the Court would further (1) extend the time for Defendant to respond to the Complaint by another thirty (30) days up to and including June 18, 2015; and (2) continue the Initial Case Management Conference date by another thirty (30) days, as well as the other dates set forth first in the Court's February 11, 2015 Order Setting Initial case Management Conference and ADR Deadlines and thereafter in its April 22, 2015 Order Continuing Initial Case Management Conference and Related Dates. A proposed Order to this effect is set forth below.
3. The only other time modifications that have occurred to date in the case are the April 16, 2015 Stipulation extending the time for Defendant to respond to the Complaint by no more than thirty (30) days, and the Court's April 22, 2015 Order Continuing Initial Case Management Conference and Related Dates.
4. The Parties do not believe that the proposed thirty (30) day extension and continuance that are the subject of the present Stipulation and [Proposed] Order will have any material or other impact on the schedule for the case. Indeed, the case is still in its infancy and Defendant has of course not yet responded to the Complaint. Moreover, the requested extension and continuance are necessary in order to permit the Parties to complete their settlement discussions and likely resolve the matter informally.
5. I understand that Plaintiff's counsel is on vacation the week of July 13, 2015.
I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.
Executed this 13th day of May 2015 in San Francisco, California.
ORDER AS MODIFIED
Based on the foregoing stipulation and supporting declaration, IT IS HEREBY ORDERED that (1) the deadline for Defendant to respond to the Complaint is further extended by thirty (30) days up to and including June 18, 2015, and (2) the Initial Case Management Conference is continued from 10:00 AM on June 19, 2015 to 10:00 AM on July 21 , 2015. The other deadlines set forth first in the Court's February 11, 2015 Order Setting Initial Case Management Conference and ADR Deadlines and thereafter in the April 22, 2015 Order Continuing Initial Case Management Conference and Related Dates are continued accordingly and for the same period of time. Dated: May
No further extensions will be granted.
