Cardenas v. NBTY, Inc. et al

Filing 21

STIPULATION and ORDER 20 signed by Judge Lawrence K. Karlton on 9/26/11; Plaintiff will file her Second Amended Complaint on 10/24/11; The hearing currently set for 11/7/11, on defendants' Motion to Dismiss is taken off calendar; and the Initial Scheduling Conference is continued to 12/19/2011 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Matson, R)

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BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
ANDREW S. FRIEDMAN (To be admitted Pro Hac Vice)
ELAINE A. RYAN (To be admitted Pro Hac Vice)
PATRICIA N. SYVERSON (203111)
2901 N. Central Ave., Suite 1000
Phoenix, AZ 85012
[e-mail]
[e-mail]
[e-mail]
Telephone:
[phone]

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Attorneys for Plaintiff

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Kara L. McCall (admitted pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
One South Dearborn Street
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]

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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.

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UNITED STATES DISTRICT COURT

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

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

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Case No. 11-cv-01615-LKK-EFB
JOINT STIPULATION AND ORDER
RESETTING PRETRIAL STATUS
CONFERENCE AND SETTING
SCHEDULE REGARDING PLAINTIFF’S
SECOND AMENDED COMPLAINT

JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING SCHEDULE REGARDING PLAINTIFF’S SECOND AMENDED COMPLAINT

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

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

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

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

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2011, to file a responsive pleading thereto;

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

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WHEREAS, on August 24, 2011, Defendants’ counsel filed a motion to dismiss Plaintiff’s

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Amended Complaint and the parties stipulated to a briefing schedule whereby Plaintiff’s Opposition

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brief was due on October 3, 2011, Defendants’ Reply brief was due on October 24, 2011, and

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Defendants’ motion was set for hearing on November 7, 2011 and 10:00 a.m. (Dkt # 15);

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WHEREAS, the parties also stipulated to continue the initial Pretrial Status Conference until
sometime after Defendants’ Motion to Dismiss was heard and decided (Dkt #15);
WHEREAS, Plaintiff has considered Defendants’ Motion to Dismiss and decided it would be

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most efficient and best facilitate the parties’ litigation of this case to file a Second Amended

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Complaint in lieu of formally responding to Defendants’ Motion to Dismiss;

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WHEREAS, Defendants dispute whether deficiencies in the Complaint can be cured but

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consent to the amendment and agree that any such amendment would render the pending Motion to

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Dismiss moot;

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WHEREAS, the parties have agreed that Plaintiff will have 30 days from the date of this
stipulation to file a Second Amended Complaint;
WHEREAS, Defendants will have 30 days from the date Plaintiff’s Second Amended
Complaint is filed to answer or otherwise respond;
WHEREAS, should Defendants chose to file a Motion to Dismiss the Second Amended

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Complaint, the parties will seek to set a mutually agreeable briefing schedule that takes into account

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the available hearing dates and pre-existing scheduling conflicts and obligations of each parties’

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counsel, among other things;

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JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING SCHEDULE REGARDING PLAINTIFF’S SECOND AMENDED COMPLAINT

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

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

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

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answered or until after Defendants’ motion to dismiss (and any other accompanying motion), should

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Defendants chose to file one, is heard and decided; and

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WHEREAS, the parties further agree that by entering into this stipulation Defendants do not

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

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NOW, THEREFORE, the parties stipulate as follows:

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1.

Plaintiff will file her Second Amended Complaint on October 24, 2011;

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2.

Defendants will file their response to the Second Amended Complaint on November
23, 2011.

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3.

the First Amended Complaint is hereby taken off calendar;

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The hearing currently set for November 7, 2011, on Defendants’ Motion to Dismiss

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The initial Status Conference is continued to December 19, 2011 at 3:00 p.m. The

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parties shall file their status reports fourteen (14) days prior to the status conference.

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Dated: September 22, 2011

SIDLEY AUSTIN LLP

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

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Dated: September 22, 2011
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BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, P.C.

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

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IT IS SO ORDERED.
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Dated: September 26, 2011.
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JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND
SETTING BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS

CERTIFICATE OF SERVICE

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I hereby certify that on September 22, 2011, I electronically filed the foregoing JOINT
STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS
CONFERENCE AND SETTING SCHEDULE REGARDING PLAINTIFF’S SECOND
AMENDED COMPLAINT with the Clerk of the Court using the CM/ECF system which will
send notification of such filing to the e-mail addresses denoted on the Electronic Mail notice list,
and I hereby certify that I have mailed the foregoing document via the United States Postal
Service to the non-CM/ECF participants indicated on the Manual Notice list.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on September 22, 2011.

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/s/ Patricia N. Syverson
Patricia N. Syverson

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