Opinion
1:21-cv-00438-DAD-EPG
06-14-2021
KURITA AMERICA, INC., Plaintiff, v. PAUL HANSEN, et al., Defendants. APOLLO AG TECHNOLOGIES, LLC, et al., Counter Claimants, v. KURITA AMERICA, INC., Counter Defendants.
ORDER GRANTING STIPULATION TO EXTEND TIME FOR KURITA AMERICA, INC. TO RESPOND TO COUNTERCLAIM
(ECF No. 15)
Before the Court is the parties' second stipulation to extend the time for Kurita America, Inc. to respond to the counterclaim. (ECF No. 15.) As explained in the stipulation, the parties previously stipulated to a seven-day extension of time for Kurita America, Inc. to respond to the counterclaim and the deadline for Kurita America, Inc. to respond is currently June 11, 2021. (Id.) The parties have agreed to an additional seven-day extension to June 18, 2021, in order to allow the parties additional time to meet and confer regarding the counterclaim and a potential motion to dismiss. (Id.)
Local Rule 144(a) permits the parties to file “an initial stipulation extending time for no more than twenty-eight (28) days to respond to a . . . counterclaim” without approval of the Court. E.D. Cal. L.R. 144(a). All other extensions of time must be approved by the Court. Id. Although the stipulation states that it need not be approved by the Court, this is the parties' second stipulation to extend Kurita America, Inc.'s responsive pleading deadline and it therefore requires the Court's approval.
Having reviewed the stipulation, the Court will grant the requested extension. However, the stipulation was filed on June 11, 2021, which was the applicable deadline for Kurita America, Inc. to file its responsive pleading. (See ECF No. 15.) Counsel should seek to obtain any necessary extensions “as soon as the need for an extension becomes apparent” and “[r]equests for Court-approved extensions brought on the required filing date . . . are looked upon with disfavor.” E.D. Cal. L.R. 144(d). The parties are encouraged to file any future requests for extensions in advance of the applicable deadline. See id.
Accordingly, IT IS HEREBY ORDERED that, pursuant to the parties' stipulation (ECF No. 15), the deadline for Kurita America, Inc. to respond to the counterclaim is extended to June 18, 2021. No further extensions will be granted absent good cause.
IT IS SO ORDERED.