The opinion of the court was delivered by: Michael J. Seng United States District Court Judge
[Complaint Filed October 24, 2012]
STIPULATION TO EXTEND TIME FOR DAWN FOOD PRODUCTS, INC. TO RESPOND TO COMPLAINT; AND ORDER THEREON TO THE HONORABLE JUDGE MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE:
IT IS HEREBY STIPULATEDby and between plaintiff FBT, Inc. ("Plaintiff") and defendant Dawn Food Products, Inc. ("Defendant" or "Dawn"), by and through their attorneys of record, as follows:
1. On October 24, 2012, Plaintiff filed a complaint initiating the above-captioned case (the "Complaint") and named Dawn as one of the defendants in this action. Plaintiff subsequently applied for entry of default against Dawn on November 29, 2012 [Dkt. No. 9], which resulted in the Clerk's Entry of Default against Dawn and the other defendant in this case, Aesa Logistics Corp. [Dkt. No. 10].
2. Dawn and FBT entered into a stipulation to set aside this Entry of Default, which was filed with the Court on March 11, 2013, along with a proposed order thereon [Dkt. No. 15]. This Court entered the order approving the setting aside of the Entry of Default on March 18, 2013, which order also directed Dawn to respond to the Complaint no later than twenty (20) days from the date of entry of the order. [Dkt. No.
18]. The first business day after the lapse of this time period is April 8, 2013. 3. On April 3, 2013, it was agreed between Plaintiff and Dawn, by and through their counsel, that Dawn should have up to and including April 22, 2013 to file its response to the Complaint. Plaintiff and Defendant have entered into settlement discussions in good faith to resolve their issues. The additional time to answer will allow the parties to continue their discussions toward resolution.
4. Plaintiff and Defendant respectfully request that the Court issue an order allowing Defendant an extension to respond to the Complaint up to and including April 22, 2013.
Dated: April 4, 2013 NEMECEK & COLE, P.C. By: /s/ Gregg S. Garfinkel GREGG S. GARFINKEL Attorneys for FBT, Inc. Dated: April 4, 2013 BARNES & THORNBURG LLP By: /s/ Kevin D. Rising KEVIN D. RISING Attorneys for Dawn Food Products, Inc.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT, as the parties have so stipulated, Defendant's deadline to respond to the Complaint is extended up to and including April 22, 2013.
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