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Theta Chi Fraternity, Inc v. Alumni Association of Chi Theta Chi House

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 3, 2012

THETA CHI FRATERNITY, INC., PLAINTIFF,
v.
ALUMNI ASSOCIATION OF CHI THETA CHI HOUSE, A/K/A CHI THETA CHI, AND DOES 1 THROUGH 50, DEFENDANTS.

The opinion of the court was delivered by: Honorable Jacqueline Scott Corley, U.S. Magistrate Judge

mited liability partnership formed in the State of Delaware

STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT; [PROPOSED] ORDER

REED SMITH LLP

Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 6-1(a) of the Civil Local Rules of the United States District Court, Northern District of California, Plaintiff Theta Chi 20 Fraternity, Inc. ("Plaintiff") and Defendant Alumni Association of Chi Theta Chi House 21 ("Defendant"), and through their respective counsel, hereby stipulate as follows: 22

1. This action was filed on October 30, 2012 in Santa Clara County Superior Court, and 19 Plaintiff mailed the Summons and Complaint to Defendant on November 1, 2012; 24 2. On November 20, 2012, Defendant removed this action to the United States District 23 Court for the Northern District of California; 26 3. Plaintiff and Defendant are discussing potential settlement and agree that additional time 25 27 is needed to attempt to reach a resolution; 28 4. If the parties are unable to reach a settlement, Defendant may file a motion to dismiss;

5. In the interest of judicial economy and efficiency, and in light of the pending settlement

2 negotiations and upcoming holidays, the parties agree that good cause exists to extend Defendant's 3 time to respond to the Complaint to January 14, 2013, and to likewise extend Plaintiff's time to 4 respond to any motion to dismiss that may be filed to February 13, 2013; 5

6. The extensions agreed to herein will not alter the date of any event or any deadline 6 already fixed by Court order; 7

SO STIPULATED.

ATTESTATION OF CONCURRENCE

12

I, Robert N. Phillips, attest that I am one of the attorneys for Defendant Alumni Association of Chi Theta Chi House, and, as the ECF user and filer of this document, I attest that, pursuant to 13 United States District Court, Northern District of California Civil L.R. 5-1(i)(3), concurrence in the filing of this document has been obtained from Counsel for Plaintiff Theta Chi Fraternity, Inc. 14

REED SMITH LLP

A limited liability partner Dated: November 30, 2012 By: /s/ Robert N. Phillips

Robert N. Phillips

[PROPOSED] ORDER

RE: EXTENSION OF TIME TO RESPOND TO INITIAL COMPLAINT

The Court, having reviewed the above Stipulation, and GOOD CAUSE APPEARING THEREFOR, hereby orders as follows: 5

IT IS HEREBY ORDERED THAT:

Defendant Alumni Association of Chi Theta Chi House's time to respond to the Complaint 7 shall be extended to January 14, 2013. 8 9

HONORABLE JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE

20121203

© 1992-2012 VersusLaw Inc.



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