WHEREAS, in effect, the Action cannot be prosecuted against any defendant until this Court first selects a lead plaintiff and lead counsel to represent the putative class;
WHEREAS, the Parties have conferred and agreed it would be more efficient to extend the time for Defendants JBI, Inc. and John Bordynuik to answer or otherwise respond to the Complaint in the Action until after the Court’s appointment of a lead plaintiff and lead plaintiffs designation of an operative complaint or filing of an amended complaint;
WHEREAS, nothing in this Stipulation shall be construed as waiving any rights, arguments, defenses (including, without limitation, jurisdictional defenses), positions inlaw or in equity, or objections that may be asserted by Defendants JBI, Inc. and John Bordynuik with respect to the Complaint or any other complaint that may be filed in this Action.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel that:
1. Defendants JBI, Inc. and John Bordynuik are not obligated to answer, move against, or otherwise respond to the Complaint filed in the above-captioned action until the Court’s appointment of a lead plaintiff and lead plaintiffs designation of an operative complaint or filing of an amended complaint;
2. Upon the Court’s appointment of a lead plaintiff, lead plaintiff will have sixty (60) days to designate an operative complaint or file an amended complaint;
3. Upon the designation of an operative complaint or the filing of an amended complaint, Defendants JBI, Inc. and John Bordynuik will have sixty (60) days to answer, move against, or otherwise respond to the Complaint; lead plaintiff will have thirty (30) days to file an opposition to any motion to dismiss filed by Defendants JBI, Inc. and John Bordynuik; and Defendants JBI, Inc. and John Bordynuik will have thirty (30) days to file a reply to lead plaintiffs opposition.
A Proposed order is attached.
Extract - 09/13/2011 7 STIPULATION FOR EXTENSION OF TIME (First Request) by Defendants John Bordynuik, JBI, Inc., Plaintiff Ellisa Pancoe. (OMara, David) (Entered: 09/13/2011)
09/20/2011 9 ORDER ON 7 STIPULATION : Ds' answer to Complaint not due until Court's appointment of lead plaintiff and designation of operative complaint. Designation of operative complaint due 60 days after appointment of lead plaintiff. ( see pdf order for additional specifics ) Signed by Chief Judge Robert C. Jones on 9/16/2011. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 09/20/2011)
United States District Court District of Nevada (Reno) CIVIL DOCKET FOR CASE #: 3:11-cv-00545-RCJ -RAM
Pancoe v. JBI, Inc. et al Assigned to: Chief Judge Robert C. Jones Referred to: Magistrate Judge Robert A. McQuaid, Jr Cause: 15:78m(a) Securities Exchange Act
Date Filed: 07/28/2011 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Plaintiff Ellisa Pancoe
represented by David C OMara The OMara Law Firm, P.C. 311 E. Liberty Street Reno, NV 89501 775-323-1321 Fax: 775-323-4082 Email: david@omaralaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lionel Z. Glancy GLANCY BINKOW & GOLDBERG LLP 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: INFO@GLANCYLAW.COM ATTORNEY TO BE NOTICED
Michael M. Goldberg Glancy Binkow & Goldberg LLP 1801 Avenue Of The Stars Suite 311 Los Angeles, CA 90067- (310) 201-9150 Fax: (310) 201-9160 Email: mmgoldberg@glancylaw.com PRO HAC VICE ATTORNEY TO BE NOTICED
Robert V. Prongay Glancy Binkow & Goldberg LLP 1801 Avenue of the Stars Los Angeles, CA 90067 (310) 201-9150 Fax: (310) 201-9160 Email: rprongay@glancylaw.com ATTORNEY TO BE NOTICED
V. Defendant JBI, Inc. formerly known as 310 Holdings, Inc.
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