Harvel v. Owens Healthcare - Retail Pharmacy, Inc.

Filing 32

STIPULATION and ORDER signed by Judge John A. Mendez on 9/30/09 re 31 ORDERING that defendant Owens Healthcare-Retail Pharmacy, Inc is GRANTED an additional 30-day extension of time, to and including 10/30/09, within which to file its response to Plaintiff's Amended Complaint. (Duong, D)

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JACKSON LEWIS LLP RENÉ E. THORNE JASON M. STEIN 650 Poydras Street, Suite 1900 New Orleans, Louisiana 70130 Telephone: [phone] Facsimile: [phone] BRENDAN J. BEGLEY (SBN 202563) (Counsel for Service) 801 K Street, Suite 2300 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant OWENS HEALTHCARE-RETAIL PHARMACY, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO DIVISION

LISA LYNN HARVEL, on behalf of herself, all Case No. 2:09-cv-01249-JAM-GGH others similarly situated and the general public, STIPULATED APPLICATION FOR Plaintiff, EXTENSION OF TIME TO FILE RESPONSE TO AMENDED v. COMPLAINT IN VIEW OF SETTLEMENT OWENS HEALTHCARE-RETAIL PHARMACY, INC., a California corporation, and as TRUSTEE OF THE OWENS HEALTHCARE-RETAIL PHARMACY, INC. EMPLOYEE BENEFIT PLAN, and DOES 1-50, inclusive, Defendants. Complaint Filed: 5/6/09 Trial Date: None

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

Stipulated Application to Extend Time to Respond to Amended Complaint

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

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response to Plaintiff's Amended Complaint, as Defendant has provided Plaintiff's counsel a draft settlement agreement which, if accepted, will conclude this litigation. 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. Proc. 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, in

view of the progress made by the parties toward a voluntary resolution of this matter, the parties stipulated to continue by 30 days the deadline for Defendant to file pleadings in response to Plaintiff's Amended Complaint. The Court granted that extension in an order dated August 31, 2009. Plaintiff and Defendant's discussions regarding the terms of a settlement have been

favorable and Defendant has provided Plaintiff's counsel a draft settlement agreement which would conclude this litigation. As such, the parties request this Court grant Defendant an

additional 30-day extension of time within which to file its response to Plaintiff's Amended Complaint. This would establish a new deadline of October 30, 2009, for Defendant to file pleadings in response to Plaintiff's Amended Complaint. /// ///
Stipulated Application to Extend Time to Respond to Amended Complaint

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Stipulated Application to Extend Time to Respond to Amended Complaint

IT IS SO STIPULATED. Date: September 30, 2009 THIERMAN LAW FIRM PC By: /s/ Mark R. Thierman Mark R. Thierman Attorneys for Plaintiff LISA LYNN HARVEL Date: September 30, 2009 JACKSON LEWIS LLP By: /s/ Jason M. Stein René E. Thorne Jason M. Stein Brendan J. Begley Attorneys for Defendant OWENS HEALTHCARE-RETAIL PHARMACY, INC. ORDER Based upon the stipulated application of the parties, and good reason appearing, IT IS SO ORDERED. DATED: September 30, 2009 /s/ John A. Mendez______________ HONORABLE JOHN A. MENDEZ

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