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California Sportfishing Protection Alliance, A Non-Profit Corporation v. Cemex Construction Materials Pacific

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 12, 2013

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION, PLAINTIFF,
v.
CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC, A DELAWARE CORPORATION, ANDREW GALLI, AN INDIVIDUAL, MICHAEL "MIKE" MALDONADO, AN INDIVIDUAL, AND, LOUIS B. SCHIPPER, III, AN INDIVIDUAL , DEFENDANTS.

The opinion of the court was delivered by: Hon. Judge Morrison C. England

STIPULATION TO DEEM SERVICE COMPLETE ON APRIL 21, 2013 AND DEFENDANTS' RESPONSE DUE MAY 13, 2013; ORDER

Before: Hon. Judge Morrison C. England

WHEREAS, Plaintiff California Sportfishing Protection Alliance ("Plaintiff") filed its complaint ("Complaint") in this action on December 22, 2012;

WHEREAS, Plaintiff sent Cemex Construction Materials Pacific, LLC, Mr. Andrew Galli, Mr. Michael "Mike" Maldonado and Mr. Louis B. Schipper, III ("Defendants") a request to waive service of summons and all other complaint related documents, including the order setting status (pretrial scheduling) conference, on March 12, 2013;

WHEREAS, on March 12, 2013, in the interests of allowing the Parties time to explore settlement, Plaintiff and Defendants agreed to extend service out to the end of the 120-day window, as permitted by Federal Rule of Civil Procedure ("FRCP") 4(m), and deem service of the summons and any complaint related documents complete on April 21, 2013. Further, the Parties agreed that Defendants' response to Plaintiff's complaint shall not be due until 21 days after this service, under FRCP 12(a)(1), on May 13, 2013;

THEREFORE, IT IS HEREBY STIPULATED by and among the Parties that Plaintiff shall be deemed to have perfected service of the complaint and any complaint related documents on April 21, 2013 and therefore Defendants' response to the complaint is due no earlier than 21 days after April 21, 2013, on May 13, 2013.

Dated: April 5, 2013 Respectfully submitted, LAW OFFICES OF ANDREW L. PACKARD By: /s/ Emily Brand______________ EMILY BRAND Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE Dated: April 5, 2013 Downey Brand LLP By: /s/ Olivia Wright_______ OLIVIA WRIGHT (As authorized on April 2, 2013 -- L.R. 131) Attorneys for Defendants

ORDER

Pursuant to Stipulation, it is ORDERED that Plaintiff meets its service requirements and service on Defendants of the complaint and any related documents is deemed complete on April 21, 2013, and Defendants' response is due May 13, 2013.

20130412

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