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Elliott v. Wal-Mart Stores, Inc.

United States District Court, Ninth Circuit

June 17, 2013

JOHN ELLIOTT, Plaintiff,
v.
WAL-MART STORES, INC., a corporation; and DOES 1-100, inclusive, Defendants.

John L. Beers, State Bar No. 70117 Daniel J. Aguilar, State Bar No. 256557 FISHER & PHILLIPS LLP, San Francisco, California, Attorneys for Defendant, WAL-MART STORES, INC.

Alexander G. Henry, SBN 238264 MAYALL HURLEY P.C., Stockton, California, Attorneys for Plaintiff, JOHN ELLIOTT.

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; ORDER THEREON

JOHN A. MENDEZ, District Judge.

Plaintiff JOHN ELLIOTT and Defendant WAL-MART STORES, INC., by and through their counsel and pursuant to Federal Rule of Civil Procedure 6(b)(1)(A) and Local Rule 144(a), hereby stipulate and agree that Defendant may have an extension of time to respond to Plaintiff's complaint to and including July 11, 2013. In support of this Stipulation the Parties state as follows:

1. On May 22, 2013, Plaintiff Elliot filed his Complaint in this matter;

2. On May 31, 2013, Defendant was served with a copy of the Complaint and Summons. Defendant has until June 21, 2013 to file its answer or other responsive pleading to the Complaint;

3. Defendant is currently investigating this matter and, upon preliminary assessment of the matter, the Parties have determined they will benefit from an additional factual investigation of the matter;

4. There have been no previous extensions of time in this action and there appears to be no prejudice extending the time for Defendant to respond to the Complaint;

5. This extension of time will not alter the date of any event or deadline already fixed by Court order;

6. Local Rule 144(a) of the United States District Court for the Eastern District of California provides that Parties may stipulate to extend the time for responding to a complaint without leave of Court so long as all parties affected by the extension consent and the extension is no longer than 28 days;

7. The stipulated and agreed upon extension of time is for 20 calendar days.

For the foregoing reasons, the Parties stipulate that the Defendants may have an extension of time to respond to Plaintiff's complaint to and including July 11, 2013.

IT IS SO STIPULATED.

ORDER

The Court, having duly considered the Parties' stipulation as set forth above, and good cause appearing, hereby orders as follows: Defendant's deadline to file a responsive pleading to Plaintiff's Complaint shall be extended to and including July 11, 2013.

IT IS SO ORDERED.


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