Cardenas v. NBTY, Inc. et al

Filing 17

JOINT STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 8/18/11 ORDERING that defendants file their Motion to Dismiss on 8/24/11; opposition brief due 10/3/11; reply brief due 10/24/11; motion hearing to be set for 11/7/11 at 10:00 a.m. Initial Scheduling Conference RESET for 12/5/2011 at 02:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties shall file status reports fourteen (14) days prior to the status conference. (Meuleman, A)

1
2
3
4
5
6
7
8
9
10

Kara L. McCall (pending)
[e-mail]
SIDLEY AUSTIN LLP
One South Dearborn Street
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
David R. Carpenter, SBN 230299
[e-mail]
Cameron J. Johnson, SBN 266729
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
NBTY, Inc. and Rexall Sundown, Inc.

11

UNITED STATES DISTRICT COURT

12
13
14

EASTERN DISTRICT OF CALIFORNIA
LILIANA CARDENAS, On Behalf of Herself
and All Other Similarly Situated California
Residents,

15
16
17
18
19
20
21

Plaintiff,
vs.
NBTY, INC., a Delaware corporation and
REXALL SUNDOWN, INC., a Florida
corporation,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 11-cv-01615-LKK-CKD per the
Order of Reassignment, Dkt. # 11
JOINT STIPULATION AND ORDER
RESETTING PRETRIAL STATUS
CONFERENCE AND SETTING
BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO DISMISS

22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS

1

The parties, by and through their undersigned counsel of record, hereby stipulate as follows:

2

WHEREAS, on June 14, 2011, Plaintiff filed her Complaint and initiated the above-

3

referenced action;
WHEREAS, on July 5, 2011, the parties entered into a stipulation providing that Plaintiff

4
5

would file an Amended Complaint on July 25, 2011, and Defendants would have until August 24,

6

2011, to file a responsive pleading thereto;

7

WHEREAS, on July 25, 2011, Plaintiff filed her Amended Complaint;

8

WHEREAS, Defendants’ counsel has informed Plaintiff’s counsel that Defendants intend to

9

file (without limitation) a motion to dismiss on August 24, 2011;
WHEREAS, by Order dated June 15, 2011 (“Order”) and pursuant to Federal Rule of Civil

10
11

Procedure 16, the Court had set an initial Pretrial Scheduling Conference for September 6, 2011, and

12

pursuant to such order the parties’ initial Status Report(s) are due two weeks prior, i.e., August 23,

13

2011;
WHEREAS, the parties agree that it would be most efficient and facilitate the parties’ ability

14
15

to meet and confer about the matters set forth in the Court’s Order to continue the initial Pretrial

16

Status Conference and time for the parties to file their status report(s) until after Defendants’ motion

17

to dismiss is heard and decided; and
WHEREAS, Defendant’s counsel has contacted the Court clerk regarding the available

18
19

hearing dates for Defendants’ anticipated motion(s), and the parties seek to set a mutually agreeable

20

briefing schedule that takes into account those available dates and pre-existing scheduling conflicts

21

and obligations of each parties’ counsel, among other things; and
WHEREAS, the parties further agree that by entering into this stipulation Defendants do not

22
23

waive any defenses or submit to the jurisdiction of the Court.

24

//

25

//

26

//

27

//

28

//
JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS

1

NOW, THEREFORE, the parties stipulate as follows:

2

1.

3

Defendants will file their Motion to Dismiss (and may file any other accompanying

motion) on August 24, 2011.

4

2.

Plaintiff shall file any Opposition brief on or before October 3, 2011.

5

3.

Defendants shall file any Reply brief on or before October 24, 2011.

6

4.

Defendants’ motion(s) will be set for hearing on November 7, 2011 at 10:00 a.m.

7

5.

The initial Pretrial Status Conference, currently set for September 6, 2011, is

8

continued to December 5, 2011 at 2:00 p.m. The parties shall file status reports fourteen (14) days

9

prior to the status conference.

10
11

Dated: August 17, 2011

SIDLEY AUSTIN LLP

12
By: /s/ David R. Carpenter
David R. Carpenter
Attorneys for Defendants NBTY, Inc., and
Rexall Sundown, Inc.

13
14
15
Dated: August 17, 2011
16

BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, P.C.

17
By: /s/ Patricia N. Syverson
Patricia N. Syverson
Attorneys for Plaintiff Liliana Cardenas

18
19
20
IT IS SO ORDERED.
21
22

Dated: August 18, 2011.

23
24
25
26
27
28
2
JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS

PROOF OF SERVICE

1
2

STATE OF CALIFORNIA

3

COUNTY OF LOS ANGELES

4

)
)
)

ss

I am employed in the County of Los Angeles, State of California. I am over the age

5

of 18 and not a party to the within action. My business address is Sidley Austin LLP, 555 West

6

Fifth Street, Suite 4000, Los Angeles, California 90013-1010.

7

On August 17, 2011, I served the foregoing document described as: JOINT

8

STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS

9

CONFERENCE AND SETTING BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO

10

DISMISS on all interested parties in this action as follows:

11
12
13
14
15
16
17
18

BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, P.C.
Andrew S. Friedman
Elaine A. Ryan
Patricia N. Syverson
2901 N. Central Ave., Suite 1000
Phoenix, AZ 85012
[e-mail]
[e-mail]
[e-mail]

BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
Todd D. Carpenter
600 W. Broadway., Suite 900
San Diego, CA 92101
[e-mail]
[By Mail]

[On CM/ECF]

21

FUTTERMAN HOWARD ASHLEY &
WELTMAN, P.C.
Stewart Weltman
122 S. Michigan Avenue, Suite 1850
Chicago, IL 60603
[e-mail]

22

[By Mail]

19
20

23
24

[x]

(ON CM/ECF) I electronically filed and served the document on CM/ECF.

25

[x]

(BY MAIL) I deposited such envelope in the mail at Los Angeles, California.

26

The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s

27

practice of collection and processing correspondence for mailing. It is deposited with the U.S. postal

28

service on that same day in the ordinary course of business. I am aware that on motion of a party
3
JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS

1

served, service is presumed invalid if the postal cancellation date or postage meter date is more than

2

one day after the date of deposit for mailing in the affidavit.

3

I declare that I am a registered user of the CM/ECF system.

4

I served the foregoing document by electronically filing the document via the

5
6
7
8

CM/ECF system maintained by the court.
I declare under penalty of perjury under the laws of the United States of America that
the above is true and correct.
Executed on August 17, 2011, at Los Angeles, California.

9
/s/ David R. Carpenter
David R. Carpenter

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS