The opinion of the court was delivered by: Hon. Susan Illston
This Document Relates to Individual
STIPULATION OF EXTENSION OF TIME 21 FOR MITSUI USA TO RESPOND TO FIRST AMENDED COMPLAINT, 22
[PROPOSED] ORDER 23 Clerk's Action Required
WHEREAS, plaintiff MetroPCS Wireless, Inc. ("MetroPCS") filed a First Amended Complaint ("FAC") in the above-captioned case on July 8, 2011 (Dkt. #35; MDL Dkt. #3064); 26 WHEREAS, the FAC identifies Mitsui & Co. (U.S.A.), Inc. ("Mitsui USA") as a new defendant in the case.
WHEREAS, MetroPCS wishes to avoid the burden and expense of serving process on Mitsui USA; and 3
WHEREAS, Mitsui USA desires a reasonable amount of time to respond to the FAC.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel, on behalf of their respective clients, MetroPCS, on the one hand, and Mitsui 6
USA, on the other hand, as follows: 7
1. Mitsui USA waives services of process under Federal Rule of Civil Procedure
4(d). This Stipulation does not constitute a waiver by Mitsui USA of any other substantive or 9 procedural defense, including but not limited to, the defenses of lack of personal or subject matter 10 jurisdiction, improper venue, and misjoinder of parties. 11
2. Mitsui USA's deadline to move to dismiss, answer, or otherwise respond to the
LLP LLP OSTETLER OSTETLER
FAC will be November 10, 2011. L L AW AW T T A A DATED: August 12, 2011 & H & H C C TTORNEYS TTORNEYS LEVELAND LEVELAND 13 AKER AKER A A B B
By: /s/ Michael E. Mumford_____________ Paul P. Eyre 16 Ernest E. Vargo Michael E. Mumford 17 BAKER & ...