Opinion
Civil Action No. C11-01855 PJH
11-01-2011
HUATAI USA, LLC Plaintiff, v. JOHN A. CHIANG d/b/a "FCB INTERNATIONAL" Defendants.
SIOBHAN COLE Attorney for Plaintiff HUATAI USA, LLC RICHARD DUANE Attorney for Defendant JOHN CHIANG, d/b/a "FCB INTERNATIONAL"
RICHARD P. DUANE (SBN 37880)
DUANE & SELTZER, LLP
Attorney for Defendant
JOHN A. CHIANG
d/b/a "FCB INTERNATIONAL"
STIPULATION EXTENDING TIME FOR DEFENDANT JOHN CHIANG,
d/b/a 'FCB INTERNATIONAL" TO FILE ANSWER TO FIRST AMENDED COMPLAINT
Overview
Plaintiff's First Amended Complaint alleges breach of contract and seeks replevin of certain products shipped to mainland China. Defendant filed a Rule 12 Motion to Dismiss the First Amended Complaint and a hearing was held on October 12, 2011. Defendant's motion was denied. The Court ordered Defendant to answer the First Amended Complaint within 21 days of the date of the Court's order, or November 2, 2011.
Defendant seeks additional time within which to answer the First Amended Complaint. Therefore, pursuant to Civil Local Rule 6-1(b) the parties hereby make a stipulated request for an order extending the time within which Defendant may answer the First Amended Complaint. Defendant's counsel requires additional time to review the complex issues relating to Plaintiff's claims and Defendant's potential counterclaims in light of the Court's ruling on Defendant's Rule 12 Motion to Dismiss.
The parties stipulated and on July 1, 2011, the Court granted an extension of time for Defendant to answer the First Amended Complaint until after the hearing and ruling on Defendant's 12 Motion to Dismiss.
An initial case management conference by phone is set in this action for November 17, 2011. The agreement between the parties to extend time for Defendant to answer will not alter the date of any event or any deadline already fixed by Court order.
WHEREFORE IT IS AGREED AND STIPULATED AS FOLLOWS:
1) Defendant John Chiang, d/b/a "FCB International" may file an answer to the First Amended Complaint at any time up to and including November 7, 2011.
IT IS SO STIPULATED.
SIOBHAN COLE
Attorney for Plaintiff
HUATAI USA, LLC
RICHARD DUANE
Attorney for Defendant
JOHN CHIANG, d/b/a "FCB INTERNATIONAL"
SO ORDERED.
Judge Phyllis J. Hamilton