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El Centro Foods, Inc. v. Food All the Time

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 15, 2010

EL CENTRO FOODS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
FOOD ALL THE TIME, INC., DBA MR. PIZZA MAN, VICTOR M. PEREZ, AN INDIVIDUAL, RAYMOND KLEIN, AN INDIVIDUAL AND DOES 1-10, DEFENDANTS.

STIPULATION TO EXTEND TIME TO SUBMIT DISCOVERY PLAN, RESPOND TO THE FIRST AMENDED COMPLAINT AND TO CONTINUE CASE MANAGEMENT CONFERENCE; AND (PROPOSED) ORDER

WHEREAS Plaintiff El Centro Foods, Inc. filed a complaint alleging trademark infringement and five other causes of action against Defendants Food All The Time, Inc. dba Mr. Pizza Man, Victor Perez, Raymond Klein, and DOES 1-10, on September 3, 2009; and

WHEREAS the parties stipulated to and the Court granted extensions of the date by which Defendants must respond to the complaint, most recently to March 2, 2010;

WHEREAS Plaintiff El Centro Foods, Inc. intends to file a First Amended Complaint on March 12, 2010; and

WHEREAS the parties continue to engage in good faith discussions to possibly resolve this matter prior to the need for a response by Defendants and in the interest of expeditiously resolving their disputes and not to unnecessarily cause delay with the Court, the Parties request the Court to extend the date by which the Parties must submit a discovery plan, to extend the date by which Defendants must respond to the First Amended Complaint and to continue the Case Management Conference that is currently scheduled for March 18, 2010;

THEREFORE El Centro Foods, Inc., Food All The Time, Inc. dba Mr. Pizza Man, Victor Perez, and Raymond Klein, by and through their respective attorneys, hereby stipulate, subject to the approval of the Court, to extend the date by which Plaintiffs El Centro Foods, Inc. and Defendants Food All The Time, Inc. dba Mr. Pizza Man, Victor Perez, and Raymond Klein must submit a discovery plan per the Court's order, to extend the date by which Defendants Food All The Time, Inc. dba Mr. Pizza Man, Victor Perez, and Raymond Klein must respond to the First Amended Complaint, and continue the Case Management Conference.

20100315

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