The opinion of the court was delivered by: The Honorable Elizabeth D. Laporte
JOINT STIPULATION PURSUANT TO LOCAL RULES 6-1 AND 6-2 EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING COURT-ORDERED DEADLINES AND [PROPOSED] ORDER
Pursuant to Local Rules 6-1 and 6-2, and in light of the related "Motion for Transfer and Consolidation of Related Actions to the Northern District of California Pursuant to 28 U.S.C. § 1407" now pending before the Judicial Panel on Multidistrict Litigation ("JPML"), Plaintiff Meor Adlin ("Plaintiff"), and defendant EVA Airways ("Defendant"), through counsel, hereby stipulate and agree as follows:
IT IS HEREBY STIPULATED AND AGREED that Defendant's time to answer, move or otherwise plead is enlarged until the later of: (1) the date when Defendant would otherwise be required to a file a response pursuant to Federal Rule of Civil Procedure 12; or (2) 45 days after the JPML grants, denies, or otherwise disposes of the pending motion. If a consolidated amended complaint is filed by Plaintiff in a single transferee Court and served on Defendant, and Plaintiff's counsel is acting as Lead Counsel, Plaintiff agree that Defendants' time to answer, move, or otherwise plead is enlarged until 45 days after such service.
IT IS FURTHER STIPULATED AND AGREED that this Stipulation does not constitute a waiver by Defendant of any defense, including but not limited to the defenses of lack of personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of service of process or service of process. Nothing in this paragraph shall obligate Defendant to answer, move, or otherwise respond to any complaint until the time provided in the preceding paragraph.
IT IS FURTHER STIPULATED AND AGREED that, given the length of time likely to be required by the JPML to resolve the pending motion, the efficiency in having one case management schedule set for consolidated class actions rather than proceeding separately, and the desirability of having the court to whom the matter is ultimately assigned set its own case management schedule, Plaintiff and Defendant agree that the dates set in the December 19, 2007 Order Setting Initial Case Management Conference (and the deadlines triggered by such conference) should be continued. The Initial Case Management Conference will be continued to a date within 45 days of the JPML granting, denying or otherwise disposing of the Section 1407 motion before it. After such action by the JPML, Plaintiff and Defendant will meet and confer and submit proposed dates for the Initial Case Management Conference.
PURSUANT TO STIPULATION, IT IS SO ORDERED THAT, to conserve party and judicial resources, and in light of the proceedings currently pending before the JPML to consolidate and transfer all pending Pacific Air Transportation cases to one court, dates set in the December 19, 2007 Order Setting Initial Case Management Conference (and the deadlines triggered by such conference) are hereby continued. The Initial Case Management Conference will be continued to a date within 45 days of the JPML granting, denying or otherwise disposing of the Section 1407 motion before it. After such action by the JPML, Plaintiff and Defendant will meet and confer and submit proposed dates for the Initial Case Management Conference.
IT IS FURTHER ORDERED that the parties shall submit a joint status statement to the Court on ______, 2008
Honorable Elizabeth D. Laporte
IT IS FURTHER ORDERED that this Order applies to all of the ...