Harvel v. Owens Healthcare - Retail Pharmacy, Inc.

Filing 26

STIPULATION and ORDER 25 for extension of time signed by Judge John A. Mendez on 8/31/2009. Defendant has 30 days w/in which to file its Response to plaintiff's Amended Complaint so that parties can fully explore potential early resolution of this matter. (Marciel, M)

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JACKSON LEWIS LLP RENÉ E. THORNE (LA SBN 22875) JASON M. STEIN (LA SBN 30073) SUSANNE U. VETERS (LA SBN 27361) 650 Poydras Street, Suite 1900 New Orleans, LA 70130 Telephone: [phone] Facsimile: [phone] BRENDAN J. BEGLEY (SBN 202563) 801 "K" Street, Suite 2300 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, OWENS HEALTHCARE-RETAIL PHARMACY, INC. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA - SACAMENTO DIVISION LISA LYNN HARVEL, on behalf of herself, all others similarly situated and the general public Plaintiff, v. Case No. 2:09-cv-01249-JAM-GGH STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSE TO AMENDED COMPLAINT

OWENS HEALTHCARE-RETAIL PHARMACY, INC., a California corporation, Complaint filed: April 30, 2009 and as TRUSTEE OF THE OWENS Trial Date: none HEALTHCARE-RETAIL PHARMACY, INC. EMPLOYEE BENEFIT PLAN, and DOES 1-50 inclusive, Defendant.

Pursuant to Local Rule 6-144, Plaintiff LISA LYNN HARVEL ("Plaintiff"), individually and on behalf of all others similarly situated, and Defendant, OWENS HEALTHCARE-RETAIL PHARMACY, INC. ("Defendant"), by and through their counsel of record, request this Court grant Defendant a 30-day extension of time within which to file its response to Plaintiff's Amended Complaint as the parties are currently engaged in discussions which may obviate the 1
Stipulation for Extension of Time to Respond to Amended Complaint

Case No. 2:09-cv-01249-JAM-GGH

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need for any responsive pleading. 1. On May 6, 2009, Plaintiff filed a class action complaint against Defendant alleging

violations of ERISA § 510 (29 U.S.C. § 1140), ERISA § 202(a) (29 U.S.C. § 1052(a)), and ERISA breach of fiduciary duty. 2. On July 2, 2009, the Court granted the parties' stipulation to extend Defendant's

time for filing a responsive pleading to July 29, 2009. 3. On July 29, 2009, Defendant filed its Notice of Motion and Motion to Dismiss

Plaintiff's Class Action Complaint under Fed. R. Civ. Proc. 12(b)(6). 4. Pursuant to the Court's Order Requiring a Joint Status Report, issued on May 7,

2009 (Dkt. 4), and Fed. R. Civ. P. 26(f), the parties held a case management conference on August 7, 2009, whereby the parties entered into discussions related to narrowing the scope of the disputed issues in this matter. In view of those discussions, to save the parties and the Court an unnecessary waste of time, expense, and resources, the parties requested the Court grant the parties a 30-day extension of time within which to file their Joint Status Report, which the Court granted. 5. On August 14, 2009, Plaintiff filed an Amended Complaint. However, the parties'

discussions have evolved, and they are currently engaged in discussions, which may obviate the need for Defendant to file any responsive pleading. As such, the parties request this Court grant Defendant a 30-day extension of time within which to file its response to Plaintiff's Amended Complaint so that the parties can fully explore the potential early resolution of this matter.

IT IS SO STIPULATED. Dated this 31st day of August, 2009. THIERMAN LAW FIRM, PC By: /s/Mark R. Thierman MARK R. THIERMAN Attorney for Plaintiff LISA LYNN HARVEL

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Stipulation for Extension of Time to Respond to Amended Complaint

Case No. 2:09-cv-01249-JAM-GGH

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Stipulation for Extension of Time to Respond to Amended Complaint

Dated this 31st day of August, 2009.

JACKSON LEWIS LLP By: /s/ Jason M. Stein RENÉ E. THORNE (LA SBN 22875) JASON M. STEIN (LA SBN 30073) SUSANNE U. VETERS (LA SBN 27361 Jackson Lewis LLP 650 Poydras Street, Suite 1900 New Orleans, LA 70130 Telephone: [phone] Facsimile: [phone] BRENDAN J. BEGLEY (SBN 202563) 801 "K" Street, Suite 2300 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant OWENS HEALTHCARE-RETAIL PHARMACY, INC. ORDER

Based upon stipulation of the parties, and good reason appearing, IT IS SO ORDERED. DATED: August 31, 2009 /s/ John A. Mendez______________ HONORABLE JOHN A. MENDEZ

Case No. 2:09-cv-01249-JAM-GGH

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