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Risher v. Adecco, Inc., 3:19-CV-05602-RS. (2019)

Court: District Court, N.D. California Number: infdco20191125948 Visitors: 5
Filed: Nov. 22, 2019
Latest Update: Nov. 22, 2019
Summary: STIPULATED REQUEST TO EXTEND BRIEFING SCHEDULE ON PLAINTIFF'S FIRST AMENDED COMPLAINT; [PROPOSED] ORDER RICHARD SEEBORG , District Judge . In accordance with Local Rule 6-1(b) and Local Rule 7-12, Plaintiff Clarence Risher ("Plaintiff") and Defendants Adecco, Inc. and Mya Systems, Inc. (collectively, "Defendants"), by and through their respective counsel, respectfully request that this Court enter an Order extending the November 27, 2019 deadline for Defendants to respond to Plaintiff
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STIPULATED REQUEST TO EXTEND BRIEFING SCHEDULE ON PLAINTIFF'S FIRST AMENDED COMPLAINT; [PROPOSED] ORDER

In accordance with Local Rule 6-1(b) and Local Rule 7-12, Plaintiff Clarence Risher ("Plaintiff") and Defendants Adecco, Inc. and Mya Systems, Inc. (collectively, "Defendants"), by and through their respective counsel, respectfully request that this Court enter an Order extending the November 27, 2019 deadline for Defendants to respond to Plaintiff's First Amended Complaint until December 9, 2019, and extending the resulting December 23, 2019 deadline for Plaintiff to file their opposition briefs to any motion to dismiss (responding to the First Amended Complaint) until January 3, 2019. Further, the Parties respectfully request that the Court enter an order withdrawing without prejudice Defendants' earlier filed motions to dismiss (Mya Systems, Inc.'s Motion to Dismiss at Dkts. 23-24; Adecco, Inc.'s Motion to Dismiss at Dkt. 25) and vacating the December 19, 2019 hearing on those motions to dismiss. In support of the instant stipulated request, the Parties state as follows:

1. Plaintiff filed the First Amended Complaint in this action on November 13, 2019. Dkt. 30. The current deadlines for Defendant's response is November 27, 2019.

2. The Parties conferred and have stipulated (subject to the Court's approval) to extend the time for Defendants to file their responses to the First Amended Complaint by ten days and to extend the time for Plaintiffs to file their opposition to a motion to dismiss (responding to the First Amended Complaint) by ten days.

3. The reason for the requested extension is to ensure that all counsel have sufficient time to research, investigate, and fully address the legal issues presented by the Parties' respective motion papers, taking into consideration the Thanksgiving, Christmas, and New Year's holidays.

4. In light of Plaintiff's First Amended Complaint and pending motions to dismiss in response to Plaintiff's First Amended Complaint, the previously filed motions to dismiss (Dkts. 23-25) and December 19, 2019 hearing on those motions to dismiss are moot.

5. The Parties seek the requested relief in good faith and not for any improper purpose. In light of the foregoing, the Parties believe that good cause exists to grant the instant stipulated request.

IT IS SO STIPULATED (subject to Court Order).

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED:

1. Defendants shall have to and including December 9, 2019 to respond to Plaintiff's First Amended Complaint.

2. Plaintiff shall have to and including January 3, 2020 to file their opposition to motions to dismiss the First Amended Complaint.

3. The motions to dismiss filed at Dkts. 23-25 are withdrawn without prejudice and the hearing on those motions scheduled for December 19, 2019 is vacated.

ATTESTATION OF FILER

Pursuant to L.R. 5-1(i)(3), the undersigned hereby attests that all parties have concurred in the filing of this stipulation.

/s/ Suneel Jain _____________________________ Suneel Jain
Source:  Leagle

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