Hohenberg v. Ferrero USA, Inc

Filing 40

Joint MOTION to Continue Hearing on Defendant's Motion to Dismiss by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service)(Weston, Gregory) (ag).

1 LAW OFFICES OF RONALD A. MARRON, APLC 2 RONALD A. MARRON (175650) 3636 4th Avenue, Suite 202 3 San Diego, CA 92109 4 Telephone: (619) 696 9066 Facsimile: (619) 564 6665 ron.marron@gmail.com 5 6 THE WESTON FIRM GREGORY S. WESTON (239944) 7 JACK FITZGERALD (257370) 8 888 Turquoise Street WILSON SONSINI GOODRICH & ROSATI Professional Corporation KEITH E. EGGLETON (159842) COLLEEN BAL (167637) DALE R. BISH (235390) AMIR STEINHART (275037) 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493 9300 Facsimile: (650) 565 5100 San Diego, CA, 92109 9 Telephone: (858) 488 1672 Facsimile: (480) 247 4553 10 greg@westonfirm.com jack@westonfirm.com 11 12 INTERIM CLASS COUNSEL 13 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 15 16 In re FERRERO LITIGATION 17 18 19 Case No: 3:11-cv-00205 H CAB Pleading Type: Class Action JOINT MOTION FOR AN ORDER CONTINUING HEARING ON DEFENDANT’S MOTION TO DISMISS 20 21 Judge: Hon. Marilyn L. Huff 22 23 24 25 26 27 In re Ferrero Litigation, Case No. 3:11-cv-00205 H CAB JOINT MOTION TO CONTINUE HEARING 1 Pursuant to Local Rule 7.2, Plaintiffs Athena Hohenberg and Laura Rude-Barbato, 2 (“Plaintiffs”) and defendant Ferrero U.S.A., Inc. (“Defendant” or “Ferrero”) (Plaintiffs and 3 Defendant are hereby collectively referred to as the “Parties”), by and through their counsel of 4 record, hereby stipulate and jointly present this motion for an order continuing the hearing on 5 Ferrero’s Motion to Dismiss until the next available hearing date, July 18, 2011, and extending 6 the time for Defendant to file its Reply to Plaintiffs’ Opposition by one week until June 13, 2011. 7 WHEREAS, On April 18, 2011, Defendant filed its Motion to Dismiss (Dkt. No. 30) and 8 a hearing on Defendant’s motion was set for June 13, 2011; 9 WHEREAS on May 31, 2011, Plaintiffs filed their Opposition to Ferrero’s Motion (Dkt. 10 No. 39); 11 WHEREAS the parties disagree as to whether Plaintiffs’ Opposition was timely filed 12 pursuant to the Federal Rules of Civil Procedure and the Court’s Local Rules in light of the 13 Memorial Day holiday but wish to avoid further dispute on this issue; 14 WHEREAS Ferrero’s Reply to the Opposition is currently due June 6, 2011, which is less 15 than the usual week for Replies due to the filing of the Opposition on May 31, 2011; 16 THEREFORE, THE PARTIES HEREBY STIPULATE AND JOINTLY MOVE for an 17 Order continuing the hearing on Ferrero’s Motion to Dismiss from June 13, 2011 to the next 18 available hearing date, which the Parties understand to be July 18, 2011 at 10:30 a.m., and that 19 the briefing schedule be adjusted to permit Ferrero one additional week to file its Reply, i.e., on 20 or before June 13, 2011. 21 RESPECTFULLY SUBMITTED, 22 Dated: June 1, 2011 THE WESTON FIRM By: /s/ Gregory S. Weston Gregory S. Weston Interim Class Counsel 23 24 25 Dated: June 1, 2011 26 27 WILSON SONSINI GOODRICH & ROSATI By: /s/ Dale R. Bish Dale R. Bish Attorney for Defendant FERRERO U.S.A., INC. 1 In re Ferrero Litigation, Inc., Case No. 3:11-cv-00205 H CAB JOINT MOTION TO CONTINUE HEARING