Opinion
Henry M. Burgoyne, III, BURGOYNE LAW GROUP San Francisco, California Attorneys for Plaintiff SOURCIS, Inc.
James Kachmar, weintraub tobin chediak coleman grodin law corporation Sacramento, CA Attorneys for Defendant BRAVO DEVELOPMENT GROUP, INC.
Robert D. Swanson, Michael E. Chase, BOUTIN JONES INC. Sacramento, CA Attorneys for Defendant DEREK C. DECKER
STIPULATION AND ORDER MODIFYING ORDER REQUIRING JOINT STATUS REPORT
TROY L. NUNLEY, District Judge.
Plaintiff SOURCIS, INC. ("Plaintiff"), Defendant Bravo Development Group, Inc. ("Bravo") and Defendant Derek C Decker ("Decker"), by and through their counsel of record, hereby submit the following stipulation and [proposed] Order to modify the Order Requiring Joint Status Report (Dckt. # 2) to extend the time for all parties named in the First Amended Complaint to conduct a joint Fed.R.Civ.P. 26(f) conference and submit a joint status report that includes the Rule 26(f) discovery plan as follows:
WHEREAS, Plaintiff filed the Complaint (Dckt. # 1) in this matter on July 23, 2015, and asserted claims against Bravo only;
WHEREAS, Bravo filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) on August 28, 2015 (Dckt. # 6);
WHEREAS, Plaintiff filed the First Amended Complaint (Dckt. # 7) on September 18, 2015, which in addition to asserting claims against Bravo, alleged claims against Decker;
WHEREAS, Plaintiff served the First Amended Complaint on Decker on September 28, 2015 (Dckt. # 10), and Decker has yet to file a responsive pleading or motion in this matter;
WHEREAS, counsel for Plaintiff and Bravo conducted a conference pursuant to Fed.R.Civ.P. 26(f) on September 29, 2015, during which they agreed to exchange their Initial Disclosures on or before October 13, 2015 and that Bravo would have until October 12, 2015, in which to file a responsive pleading to the First Amended Complaint;
WHEREAS, Decker's counsel filed a notice of appearance on October 8, 2015;
WHEREAS, Plaintiff and Bravo believe it will be in the interests of the Court and all parties to conserve judicial resources by having all parties participate in a further Fed.R.Civ.P. 26(f) conference and submit a single Joint Status Report as required;
WHEREAS, counsel for all parties have agreed to conduct a further Fed.R.Civ.P. 26(f) conference on October 28, 2015;
WHEREAS, Plaintiff and Bravo anticipate that a Joint Status Report, including all parties named in the First Amended Complaint, can be prepared and submitted to the Court within 14 days thereof, or no later than November 12, 2015 (November 11th being a Federal Holiday);
WHEREAS, the parties agree that as a result of Plaintiff and Bravo's September 29, 2015 Fed.R.Civ.P. 26(f) conference, discovery is open as between Plaintiff and Bravo;
THEREFORE, Plaintiff and Bravo, by and through their counsel of record, stipulate that the Court enter an Order as follows:
1. Paragraph 4 of the Order Requiring Joint Status Report is modified as follows: (a) all parties named in the First Amended Complaint shall participate in a Fed.R.Civ.P. 26(f) conference on or before October 28, 2015, and (b) the parties shall file a Joint Status Report on or before November 12, 2015.
IT IS SO STIPULATED.
IT IS SO ORDERED.