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SECOND STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED THIRD PARTY COMPLAINT (L.R. 6-1(a))
Third Party Amended Complaint Served: September 14, 2012 Current Response Date: October 15, 2012 New Response Date: November 1, 2012
Third-Party Defendant Blue Earth, Inc. ("Blue Earth"), by and through their attorneys of 2 record, and Third Party Plaintiffs Genesis Fluid Solutions, Ltd. and Michael K. Hodges ("Third-Party 3 Plaintiffs"), by and through their attorneys of record, hereby stipulate and agree as follows: 4
WHEREAS, Third Party Plaintiffs' Amended Third Party Complaint as against Blue Earth was filed on September 14, 2012, and served on September 14, 2012; 5 WHEREAS, the deadline for Third Party Defendants to respond to the Amended Third Party Complaint was October 1, 2012; 8 WHEREAS, Blue Earth and counsel for Third-Party Plaintiffs had agreed to extend the period 9 of time in which Blue Earth may respond to Third-Party Plaintiffs' Amended Third Party Complaint 10 up to and including October 15, 2012; WHEREAS, settlement is now imminent and Blue Earth and counsel for Third-Party Plaintiffs had agreed to extend the period of time in which Blue Earth may respond to Third-Party Plaintiffs' Amended Third Party Complaint up to and including November 1, 2012; WHEREAS, pursuant to Local Rule 6-1(a), counsel for Blue Earth and counsel for Third- Party Plaintiffs have agreed to extend the period of time in which Blue Earth may respond to Third- Party Plaintiffs' Amended Third Party Complaint up to and including November 1, 2012; and WHEREAS, the Stipulation will not alter the date of any event or deadline already fixed by Court order.
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN COUNSEL AS FOLLOWS:
Blue Earth shall have up to and including November 1, 2012 within which to respond to Third Party Plaintiffs' Third Party Complaint.
Dated: October 15, 2012 GARTEISER HONEA, P.C. ARTEISER 2 By: /s/ Christopher A. Honea Christopher A. Honea 3 Attorneys for THIRD-PARTY DEFENDANT BLUE 4 EARTH, INC. 5 Dated: October 15, 2011 By: /s/ Todd A. Weber 6 Todd A. Weber TTORNEYS 7 Attorneys for Third-Party Plaintiffs GENESIS FLUID SOLUTIONS, LTD. and 8 MICHAEL K. HODGES
2 I hereby certify that on October 15, 2012, I electronically submitted the foregoing document 3 using the electronic case files system of the court. The electronic case files system sent a "Notice of 4 Electronic Filing" to individuals who have consented in writing to accept this Notice as service of 5 this document by electronic means.