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DeSouza v. Pulte Home Corp.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 16, 2008

JOSEPH A. DESOUZA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
PULTE HOME CORPORATION, PULTE HOMES, INC.; DEL WEBB HOMES; DEL WEBB CALIFORNIA CORP.; MARQUETTE TITLE INSURANCE COMPANY AND DOES 1- 1,000, INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: Judge Hon. Lawrence K. Karlton

STIPULATION TO EXTEND DEFENDANTS' TIME TO ANSWER PLAINTIFF'S SECOND OR THIRD AMENDED COMPLAINT AND ORDER

Plaintiff Joseph A. DeSouza ("Plaintiff") and Defendants Pulte Home Corporation, Pulte Homes, Inc., Del Webb Homes, Inc., Del Webb California Corp., and Marquette Title Insurance Company ("Defendants"), hereby stipulate and agree as follows:

A. On November 7, 2008, Plaintiff filed a Second Amended Complaint in this case.

B. The parties met and conferred after Defendants received the Second Amended Complaint, and agreed that Defendants' responsive pleading or motion to dismiss the Second Amended Complaint would be due on or before December 15, 2008.

C. On December 11, 2008, Plaintiff filed a Motion for Leave to File a Third Amended Complaint. Although Defendants anticipate opposing the motion, it leaves in some doubt the issue of what will be the operative complaint in this case.

D. As the parties await a ruling on Plaintiff's Motion, Defendants seek to preserve their right to file a responsive pleading and, if appropriate, a motion to compel arbitration. Defendants seek the extension to save resources, so that they will be required to respond to only one complaint, following the Court's ruling as to whether to allow the amendment.

In light of these circumstances, the parties have stipulated to extend Defendants' time to answer or otherwise plead in this case, so as to save the Court's resources and preserve the parties' respective rights.

Consequently, Plaintiff and Defendants hereby STIPULATE and AGREE as follows:

1. Defendants' time to file a responsive pleading to Plaintiff's Second Amended Complaint is extended up to and including 30 days following the Court's ruling on Plaintiff's Motion for Leave to File a Third Amended Complaint.

2. In the event Plaintiff is granted leave to file a Third Amended Complaint, Defendants' time to file a responsive pleading also is extended up to and including 30 days following the Court's ruling granting such leave.

Dated: December 15, 2008

Attorneys for Plaintiff: Joshua H. Haffner MILSTEIN, ADELMAN & KREGER LLP Wayne S. Kreger wkreger@maklawyers.com Paul D. Stevens pstevens@maklawyers.com 2800 Santa Monica, California 90405 KABATECK BROWN KELLNER, LLP Brian S. Kabateck bsk@kbklawyers.com Joshua H. Haffner jhh@kbklawyers.com 644 S. Figueroa Street Los Angeles, California 90017 Attorneys for Defendants: Robert B. Bader GOODWIN PROCTER LLP Susanne N. Geraghty sgeraghty@goodwinprocter.com Robert B. Bader rbader@goodwinprocter.com Three Embarcadero Center, 24th Floor San Francisco, California 94111 GOODWIN PROCTER LLP Thomas M. Hefferon thefferon@goodinwprocter.com Barbara E. Rutkowski brutkowski@goodwinprocter.com 901 New York Avenue, N.W. Washington, D.C. 20001

ORDER

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED that:

1. Defendants' time to file a responsive pleading to Plaintiff's Second Amended Complaint is extended up to and including 30 days following the Court's ruling on Plaintiff's Motion for Leave to File a Third Amended Complaint.

2. In the event Plaintiff is granted leave to file a Third Amended Complaint, Defendants' time to file a responsive pleading also is extended up to and including 30 days following the Court's ruling granting such leave.

20081216

© 1992-2008 VersusLaw Inc.



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