Case3:07-md-01827-SI Document2869 Filed06/07/11 Page1 of Karl D. Belgum (CA 122752) firstname.lastname@example.org John R. Foote (CA 99674) email@example.com Nixon Peabody LLC One Embarcadero Center, 18th Floor San Francisco, CA 94111 Telephone: (415) 984-8200 Facsimile: (415) 984-8300 Attorneys for Plaintiff EASTMAN KODAK COMPANY
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' JOINT MOTION TO DISMISS AND EXTENDING TIME TO FILE FIRST AMENDED COMPLAINT AND RESPONSE THERETO Date Action Filed: December 1, 2010
THIS DOCUMENT RELATES TO:
Plaintiff and moving Defendants, through the undersigned counsel, request that the Court enter the following order to continue the hearing date and briefing dates on Defendants' Joint Motion to Dismiss, extend Plaintiff's time to file a first amended complaint, and extend Defendants' time to answer or otherwise respond to that first amended complaint.
WHEREAS Defendants filed a joint motion to dismiss the Complaint in
this action on
May 12, 2011 ("Motion");
merit, intends to exercise its right under Federal Rule of Civil
Procedure 15(a) to file a first amended 5 complaint in lieu of filing
an opposition to the Motion;
WHEREAS the hearing on the Motion is currently scheduled for June 17, 2011;
WHEREAS Plaintiff, although it opposes the Motion and believes it to be without
WHEREAS pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), Plaintiff has until June 6, 2011 to file a first amended complaint, but pursuant to this Court's Local Rules, its opposition to the Motion is due prior to that date on May 27, 2011; dates, should be continued such that Plaintiff's opposition to the Motion is not due prior to the deadline to file a first amended complaint; amended complaint, and Defendants may have 30 days to answer or otherwise respond to a first 14 amended complaint from the date it is filed; authorized to execute this stipulation on behalf of all moving Defendants, stipulate and agree as 17 follows:
WHEREAS the parties agree that the date of the hearing on the Motion, and associated briefing
WHEREAS the parties further agree that Plaintiff may have until June 10 to file a first
THEREFORE, Plaintiff, by its counsel, and Defendants, by the undersigned counsel, who are
1. Plaintiff's deadline to file a first amended complaint is extended to June 10, 2011.
2. Plaintiff's deadline to file opposition to the Motion is extended to June 10, 2011.
3. Defendants' deadline to file any reply in support of the Motion is extended to June 24, 2011. shall be withdrawn as ...