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The AASI Beneficiaries' Trust ex rel Welt v. AVX Corporation, 3:17-cv-03472-EMC. (2017)

Court: District Court, N.D. California Number: infdco20170801877 Visitors: 15
Filed: Jul. 31, 2017
Latest Update: Jul. 31, 2017
Summary: STIPULATION AND [ PROPOSED ] ORDER EXTENDING THE DEADLINE FOR CERTAIN DEFENDANTS TO FILE AN ANSWER EDWARD M. CHEN , District Judge . Pursuant to Civil Local Rule 6-2, Defendants Fujitsu Limited, TOKIN Corporation, TOKIN America Inc., KEMET Corporation, and KEMET Electronics Corporation (collectively, the "Stipulating Defendants"), and Plaintiff The AASI Beneficiaries' Trust, by and through Kenneth A. Welt, Liquidating Trustee ("AASI"), respectfully request that the Court enter the parti
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STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE FOR CERTAIN DEFENDANTS TO FILE AN ANSWER

Pursuant to Civil Local Rule 6-2, Defendants Fujitsu Limited, TOKIN Corporation, TOKIN America Inc., KEMET Corporation, and KEMET Electronics Corporation (collectively, the "Stipulating Defendants"), and Plaintiff The AASI Beneficiaries' Trust, by and through Kenneth A. Welt, Liquidating Trustee ("AASI"), respectfully request that the Court enter the parties' stipulation below that extends the time for each of the Stipulating Defendants to file an answer to AASI's Complaint ("Complaint") (ECF No. 1).

FACTUAL BACKGROUND TO PARTIES' STIPULATION

In support of this stipulation, the undersigned parties provide the following facts, which are verified in the supporting Declaration of Ian K. Bausback filed concurrently herewith:

1. On August 29, 2016, AASI filed a Complaint in the United States District Court, Southern District of Florida. (ECF No. 1.)

2. On December 29, 2016, the Court in the Southern District of Florida ordered that Defendants respond to the Complaint within 45 days of the Court's order on Defendant's motion to transfer this action to the United States District Court, Northern District of California. (ECF No. 55.)

3. On June 14, 2017, the Court in the Southern District of Florida ordered that this action be transferred to the Northern District of California. (ECF No. 105.)

4. On July 14, 2017, this action was reassigned to this Court from Magistrate Judge Laurel Beeler. (ECF No. 137.)

5. On July 20, 2017, an Administrative Motion to Consider Whether Cases Should Be Related ("Administrative Motion") was filed in In re Capacitors Antitrust Litigation, Master File No. 3:14-cv-03264-JD, requesting that this action be related to In re Capacitors Antitrust Litigation and assigned to District Judge James Donato. (Master File No. 3:14-cv-03264-JD, ECF No. 1757.) Other related cases have previously been transferred to Judge Donato.

6. The Stipulating Defendants' current deadline to respond to the Complaint is July 31, 2017.

7. Counsel for the Stipulating Defendants have informed counsel for AASI that the Stipulating Defendants will each file an answer to the Complaint. AASI has therefore agreed to extend the time for each of the Stipulating Defendants to file an answer to September 29, 2017.

8. The parties believe that the interests of judicial economy and efficiency will be well served by extending the time for each of the Stipulating Defendants to file an answer to the Complaint.

STIPULATION

In light of these facts, the undersigned parties jointly request that the Court enter the following stipulation as an Order of the Court: The deadline for each of the Stipulating Defendants to file an answer to the Complaint is extended to September 29, 2017.

IT IS SO STIPULATED.

ECF ATTESTATION

I, Ian Bausback, am the ECF User whose ID and Password are being used to file this stipulation. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that each of the signatories has concurred in this filing.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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