NOCANDO MEM HOLDINGS, LTD. v. CREDIT COMMERCIAL DE FRANCE

Full title: NOCANDO MEM HOLDINGS, LIMITED, JAVIER VASQUEZ CASTRO, and DELTA PRODUCTS…

Court: United States District Court, W.D. Texas, San Antonio Division

Date published: Oct 27, 2004

Cause No. SA-01-CV-01194-XR (W.D. Tex. Oct. 27, 2004)

Opinion

Cause No. SA-01-CV-01194-XR.

October 27, 2004

AGREED ORDER GRANTING THE CCF DEFENDANTS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSIVE PLEADING

XAVIER RODRIGUEZ, District Judge

On this date, the Court considered the CCF Defendants' Unopposed Motion for Enlargement of Time to File Responsive Pleading (Docket entry #150). After careful consideration, the Court will grant the Motion. Accordingly, the Court orders as follows:

1. The time for the CCF Defendants (including HF-CCF and HF-CCFI, once re-served pursuant to the parties' agreement as provided below) to file their responsive pleadings in accordance with Rule 12(a)(4) of the Federal Rules of Civil Procedure is extended to December 23, 2004.

2. The Court previously entered an order dated October 6, 2004, which requires Plaintiffs to re-serve Defendants HF-CCF and HF-CCFI within 45 days. HF-CCF and HF-CCFI have agreed that Plaintiffs may comply with the Court's order concerning service by serving their counsel, Luther H. Soules III, at his law firm by mail, email or fax. Based upon the parties' agreement, the Court hereby ORDERS that such re-service shall be deemed to have the effect of service in compliance with the requirements of the Court's Order signed on October 6, 2004. By agreement of the parties and this Order of the Court, however, this agreement to receive service as an accommodation to the Plaintiffs, and any responsive pleading hereafter filed, shall not be deemed to constitute a submission to jurisdiction or a jurisdictional contact with Texas or any United States forum, nor will this accommodation waive or prejudice any Defendant's objections (including those of HF-CCF and HF-CCFI), now or in the future, to the existence of jurisdiction, including the jurisdictional applicability of Rule 4(k)(2) of the Federal Rules of Civil Procedure or any other provision of law in this case or any other case now on file or hereafter filed in any court in any state or the United States whether or not related to the subject matter of this case. The sole purpose of this agreement and Order is to provide an expeditious method of service on HF-CCF and HF-CCFI through their counsel of record in this Court in lieu of service under the Hague Convention.

3. Plaintiffs and the CCF Defendants have agreed to this Order.