Wilson v. Best Buy Co., Inc.

Filing 16

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 12/22/10 ORDERING Best Buy shall have an extension of time to respond to pltf's Complaint until 14 days following the Court's order on Pltf's Motion to Remand 13 . (Carlos, K)

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MORGAN, LEWIS & BOCKIUS LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO

R. REX PARRIS LAW FIRM R. REX PARRIS, SBN 096567 ALEXANDER R. WHEELER, SBN 239541 JASON P. FOWLER, SBN 239426 DOUGLAS HAN, SBN 232858 KITTY SZETO, SBN 258136 42220 10th Street West, Suite 109 Lancaster, CA 93534 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiff PATRICK WILSON MORGAN, LEWIS & BOCKIUS LLP REBECCA EISEN, SBN 096129 ANN MARIE REDING, SBN 226864 One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Defendant BEST BUY CO., INC. Additional Counsel for Defendant Listed on Subsequent Page UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PATRICK WILSON, individually, and on behalf of members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys General Act ("PAGA"); Plaintiff, vs. BEST BUY COMPANY, INC., a Minnesota company, and DOES 1 through 100, inclusive, Defendants. Case No. 2:10-CV-03136-GEB-KJN STIPULATION TO EXTEND TIME FOR DEFENDANT BEST BUY CO., INC. TO RESPOND TO PLAINTIFF'S COMPLAINT WHILE PLAINTIFF'S MOTION TO REMAND IS PENDING AND [PROPOSED] ORDER GRANTING EXTENSION

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DB2/22120248.1

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 2:10-CV-03136-GEB-KJN

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MORGAN, LEWIS & BOCKIUS LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO

Additional Counsel: MORGAN, LEWIS & BOCKIUS LLP GEORGE A. STOHNER, SBN 214508 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071-3132 Tel: [phone] Fax: [phone] [e-mail] MORGAN, LEWIS & BOCKIUS LLP JENNIFER WHITE-SPERLING, SBN 166504 5 Park Plaza, Suite 1750 Irvine, CA 92614 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Defendants BEST BUY CO., INC.

DB2/22120248.1

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 2:10-CV-03136-GEB-KJN

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MORGAN, LEWIS & BOCKIUS LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO

STIPULATION Defendant Best Buy Co., Inc. ("Defendant" or "Best Buy") and Plaintiff Patrick Wilson ("Plaintiff"), by and through their respective counsel, stipulate to extend the time for Best Buy to respond to Plaintiff's Complaint pursuant to Civil Local Rule 144(a) of the Eastern District of California, as follows: WHEREAS, on or about October 13, 2010, Plaintiff filed his Complaint in the Superior Court of the State of California for the County of Sacramento, and was assigned State Court case number 34-2010-00089299; WHEREAS, on November 19, 2010, Defendant filed a Notice of Removal pursuant to 28 U.S.C. Section 1332(d), 28 U.S.C. Section 1441, 28 U.S.C. Section 1446 and 28 U.S.C. Section 1453; WHEREAS, pursuant to Rule 81(c)(2) of the Federal Rules of Civil Procedure, on November 24, 2010, the Parties agreed to extend the time to respond to Plaintiff's Complaint from November 26, 2010 to December 24, 2010 because the Parties were meeting and conferring regarding a possible amended Complaint or a possible motion to dismiss; WHEREAS, on December 17, 2010, Plaintiff filed a Motion to Remand, which is currently set for hearing on February 7, 2011; WHEREAS, the Parties have agreed Defendant may respond to the Complaint fourteen (14) days after the Court rules on Plaintiffs' Motion to Remand; WHEREAS, the Parties have previously agreed to one twenty-eight (28) day extension of time for Defendant to respond to Plaintiff's Complaint, as mentioned above. THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendant that Best Buy will have an extension of time to respond to Plaintiff's Complaint until fourteen (14) days following the Court's Order on Plaintiff's Motion to Remand. Dated: December 21, 2010 R. REX PARRIS LAW FIRM By /s/ Douglas Han Douglas Han Attorneys for Plaintiff PATRICK WILSON
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 2:10-CV-03136-GEB-KJN

DB2/22120248.1

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MORGAN, LEWIS & BOCKIUS LLP
ATTO RNEY S AT LAW
SA N FRA NCI S CO
DEAC_Signature-END:

Dated: December 21, 2010

MORGAN, LEWIS & BOCKIUS LLP By /s/ Ann Marie Reding Ann Marie Reding Attorneys for Defendant BEST BUY CO., INC.

IT IS SO ORDERED. Date: 12/22/2010 _________________________ GARLAND E. BURRELL, JR. United States District Judge

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DB2/22120248.1

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 2:10-CV-03136-GEB-KJN