Opinion
STIPULATION AND ORDER TO EXTEND TIME TO AMEND ANSWER AND FILE MOTION TO STRIKE
MICHAEL J. SENG, District Judge.
TO THE HONORABLE MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE.
Defendants COURTESY OLDSMOBILE-CADILLAC, INC. and BEN WELLS (collectively, "Defendants"), and Plaintiff, THE SHERWIN-WILLIAMS COMPANY, d/b/a SHERWIN-WILLIAMS AUTOMOTIVE FINISHES ("Plaintiff"), by and through their respective counsel, hereby agree and stipulate as follows:
RECITALS
WHEREAS, Plaintiff filed a Complaint for Damages and Demand for Jury Trial (the "Complaint") on July 22, 2015, in United Stated District Court, Eastern District of California, Case No. 1:15-cv-01137.
2015.
WHEREAS, in the event Defendants do not voluntarily amend their Answer, Plaintiff and Defendants have agreed to extend the time for Plaintiff to file a Motion to Strike to on or before November 23, 2015.
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants as follows:
2. Should Defendants not file an Amended Answer, the time for Plaintiff to file a Motion to Strike shall be extended to November 23, 2015.
IT IS SO STIPULATED.
ORDER
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED:
Matthew W. Quall Attorneys for Defendants.
George Fish, Attorneys for Plaintiffs.
WHEREAS, Plaintiff and Defendants have agreed to extend the time for Defendants to voluntarily amend their Answer to on or before November 9, 2015.
1. The time for Defendants to file an Amended Answer shall be extended to on or before November 9, 2015.
1. The time for Defendants to file an Amended Answer shall be extended to on or before November 9, 2015.
WHEREAS, Defendants filed an Answer to the Complaint on October 5, 2015. WHEREAS, Any Motion to Strike by Plaintiff must be filed on or before October 26,
WHEREAS, Defendants intend to voluntarily amend their Answer.
2. Should Defendants not file an Amended Answer, the time for Plaintiff to file a Motion to Strike shall be extended to November 23, 2015.
3. Inasmuch as the pleadings are not yet at issue and issues of consent to Magistrate Judge jurisdiction have been addressed and resolved, the Initial Scheduling Conference set for October 22, 2015 at 10:00 AM shall be, and hereby is, CONTINUED to January 14, 2016 at 11:30 AM before Magistrate Judge Michael J. Seng.
IT IS SO ORDERED.