Opinion
3:20-cv-02167-BEN-BLM
09-01-2021
AMERANTH, INC., a Delaware corporation, Plaintiff, v. CHOWNOW, INC., a Delaware corporation, Defendant. CHOWNOW, INC., a Delaware corporation, Counter-claimant, v. AMERANTH, INC., a Delaware corporation, Counter-defendant.
ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT'S AMENDED COUNTERCLAIMS [ECF NO. 34]
HON. ROGER T. BENITEZ United States District Judge.
I. INTRODUCTION
Plaintiff/Counter-defendant Ameranth, Inc., a Delaware corporation (“Plaintiff” or “Ameranth”) brings this action for breach of a patent licensing agreement against Defendant/Counter-claimant ChowNow, Inc., a Delaware corporation (“Defendant” or “ChowNow”). ECF No. 1; see also ECF No. 12-1 at 6:3-4.
Before the Court is the Joint Motion of Ameranth and ChowNow (collectively, the “Parties”) for an Extension of Time for Ameranth to Respond to ChowNow's Amended Counterclaims (the “Joint Motion”). ECF No. 34. After considering the papers submitted, supporting documentation, and applicable law, the Court GRANTS the Joint Motion.
II.BACKGROUND
A more detailed factual and procedural history was set forth in the Court's August 19, 2021 Order Denying Plaintiff's Motion to (1) Dismiss for (a) Failure to State a Claim for Relief and (b) Lack of Subject Matter Jurisdiction and (2) Remand to State Court and is incorporated by reference. Order, ECF No. 32; see also Ameranth, Inc. v. ChowNow, Inc., No. 320CV02167BENBLM, 2021 WL 3686056, at **1-5 (S.D. Cal. Aug. 19, 2021). The Court's previous order directed Plaintiff to respond to Defendant's Amended Counterclaims within ten (10) days of its order, or by Monday, August 30, 2021.
On August 23, 2021, the Court, through the Honorable Magistrate Judge Barbara Major, issued an Order Setting Case Management Conference, which set the continued Case Management Conference in this case for Friday, September 10, 2021. ECF No. 33.
III. LEGAL STANDARD
If a party timely files an amended pleading, as was done in this case, the response to the amended pleading must be made within the later of (1) the time to respond to the original pleading or (2) fourteen (14) days of the amended pleading “[u]nless the court orders otherwise.” Fed.R.Civ.P. 15(a). Here, the Court ordered the response to be made within ten (10) days of its order. Pursuant to the Local Rules, “[e]xtensions of time for answering, or moving to dismiss a complaint will only be secured by obtaining the approval of a judicial officer, who will base the decision on a showing of good case.” S.D. Cal. Civ. R. 12.1. Thus, “[i]n the Southern District, court approval is required for any extension of time to answer or move to dismiss the complaint.” Phillips, Virginia A., et al., Rutter Group Prac. Guide: Fed. Civ. Pro. Before Trial, § 8:913 (The Rutter Group April 2020).
IV. DISCUSSION
The parties indicate that “[i]n light of the content of the Court's August 19, 2021 Order, and in light of other developments in related cases since the date on which Ameranth filed its Motion to Dismiss certain counterclaims of ChowNow for lack of subject matter jurisdiction, the Parties are now engaged in discussions regarding the potential resolution of the instant matter.” ECF No. 34 at 2, ¶ E. They state that good cause for the extension exists in order to (1) “provide the Parties with additional time to attempt to resolve this matter without the necessity of incurring further fees and costs in connection with ChowNow's Amended Counterclaims, ” (2) “provide Ameranth with additional time to assess the Amended Counterclaims and the appropriate response thereto, if any, in light of the content of the Court's August 19, 2021 Order, ” and (3) allow the parties to assess the case in light of other developments in related cases. Id. at 2-3, ¶ F. The parties seek an extension allowing Plaintiff to respond to ChowNow's Amended Counterclaims be extended to 14 days following the conclusion of the continued Case Management Conference (set for September 10, 2021), to September 24, 2021. Id. at 2, ¶ F-G. H.
On the one hand, the Court notes that given ChowNow filed its Amended Counterclaims on December 7, 2020, see ECF No. 18, Plaintiff has had almost ten (10) months to prepare or at least consider a response to the Amended Counterclaims, especially considering their filing mooted part of Plaintiff s Motion to Dismiss. On the other hand, as the parties have noted, no previous extensions have been sought to date. ECF No. 34 at 3, ¶ H. Further, because the extension is sought for the purpose of pursuing settlement discussions, the Court finds good cause exists for the requested extensions.
V. CONCLUSION
Thus, for the above reasons, the Court ORDERS that Ameranth's deadline to respond to ChowNow's Amended Counterclaims is retroactively extended from Monday, August 30, 2021, to Friday, September 24, 2021.
IT IS SO ORDERED.