Free Order on Motion to Continue - District Court of California - California

Case 3:08-cv-00033-L-AJB

Document 15

Filed 02/01/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) v. ) ) DIAKON LOGISTICS (DELAWARE), INC., a ) foreign corp.; and DOES 1 through 50, ) inclusive, ) ) Defendants. ) ______________________________________ ) CIVIL NO. 08cv0033 L (AJB)

JOSUE SOTO, Individually, On Behalf of All 17 Others Similarly Situated, and on Behalf of the General Public, 18 19 20 21 22 23 24 25 26 27 28

CLASS ACTION ORDER GRANTING CONTINUANCE OF DEADLINE FOR RESPONSE TO COUNTERCLAIM

- 1 ORDER GRANTING CONTINUANCE OF DEADLINE FOR RESPONSE TO COURNTERCLAIM 08cv0033 L (AJB)

Case 3:08-cv-00033-L-AJB

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Filed 02/01/2008

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WHEREAS: 1. This action was filed in San Diego Superior Court, case number: 37-2007-

3 00083029-CU-OE-CTL on December 5, 2007; 4 5 2. 3. Defendant removed the action to Federal Court on January 4, 2008; Defendant filed an Answer and Counterclaim for Indemnity against Plaintiff SOTO

6 on January 11, 2008; 7 8 2008; 9 5. On January 28, 2008, Defendant filed a Third-Party Complaint against SAYBE'S 4. Plaintiff SOTO'S response to the counterclaim was due to be filed by January 31,

10 LLC, which contains a single cause of action for indemnity similar to that alleged in the counter11 claim against Plaintiff SOTO; 12 6. The present matter has been scheduled for an Early Neutral Evaluation Conference

13 on February 26, 2008; 14 7. The parties to the action have stipulated that good cause exists for continuing the

15 deadline for Plaintiff SOTO'S response to the counterclaim to the same date as the response to the 16 Third-Party Complaint as both pleadings contain the identical cause of action for indemnification 17 and it would be more economical to handle identical challenges to both pleadings simultaneously. 18 ACCORDINGLY, AND FOR GOOD CAUSE APPEARING, IT IS HEREBY

19 ORDERED THAT Plaintiff shall be permitted an extension of time to respond to Defendant's 20 counterclaim up to and including 20 days from the date of service of the Third-Party Complaint 21 22 IT IS SO ORDERED 23 24 25 26 27 28 - 2 ORDER GRANTING CONTINUANCE OF DEADLINE FOR RESPONSE TO COURNTERCLAIM 08cv0033 L (AJB)

against SAYBE'S LLC.

DATED: February 1, 2008

___________________________ Hon. M. James Lorenz U.S. District Court Judge United States District Court