Cardenas v. NBTY, Inc. et al

Filing 28

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/23/2011 re: 27 Stipulation and Proposed Order ORDERING plaintiff shall file any opposition brief to defendants Motion to Dismiss on or before 12/23/2011; defendants reply due 1/24/2012; defendant's motion hearing SET for 2/13/2012 at 10:00 a.m.; Initial Pretrial Status Conference SET for 2/27/2012 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Waggoner, D)

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BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
ELAINE A. RYAN (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]
Attorneys for Plaintiff
Kara L. McCall (admitted pro hac vice)
[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.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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LILIANA CARDENAS, On Behalf of Herself
and All Other Similarly Situated California
Residents,
Plaintiff,

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

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Case No. 2:11-cv-01615-LKK-CKD
JOINT STIPULATION AND ORDER
SETTING BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO DISMISS
SECOND AMENDED COMPLAINT AND
RESETTING INITIAL STATUS
CONFERENCE

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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE ON DEFENDANTS’
MOTION TO DISMISS SECOND AMENDED COMPLAINT AND RESETTING INITIAL STATUS CONFERENCE

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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 on July 25, 2011, Plaintiff filed her First

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Amended Complaint;

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WHEREAS, on August 24, 2011, Defendants’ counsel filed a motion to dismiss Plaintiff’s
First Amended Complaint;
WHEREAS, by and/or as reflected in the Joint Stipulation and Order dated September 26,

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2011 [Dkt. #21]: (a) the parties agreed that Plaintiff would file a Second Amended Complaint in lieu

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of formally opposing Defendants’ filed motion to dismiss, and the court granted leave for such

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amendment; (b) Defendants’ time to respond to the Second Amended Complaint was set for

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November 23, 2011; and (c) the Court continued the initial Status Conference to December 19, 2011,

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with status reports due fourteen (14) days prior.

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WHEREAS, on October 24, 2011, Plaintiff filed her Second Amended Complaint, and
Defendants are concurrently filing their Motion to Dismiss the Second Amended Complaint; and
WHEREAS, the parties have met and conferred about setting a mutually agreeable briefing

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schedule that takes into account, among other things, the Court’s available hearing dates, the

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upcoming holidays, and the pre-existing scheduling conflicts and obligations of each party’s

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counsel; and

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

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ability to meet and confer about the matters required for their status reports if the initial Status

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Conference were continued until after Defendants’ Motion to Dismiss the Second Amended

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Complaint is heard and decided; and

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WHEREAS, the parties further agree that by entering into this stipulation Defendants do not
waive any defenses or submit to the jurisdiction of the Court.

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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE ON DEFENDANTS’
MOTION TO DISMISS SECOND AMENDED COMPLAINT AND RESETTING INITIAL STATUS CONFERENCE

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NOW, THEREFORE, the parties stipulate as follows:

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1.

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Plaintiff shall file any Opposition brief to Defendants Motion to Dismiss the Second

Amended Complaint on or before December 23, 2011.

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3.

Defendants shall file any Reply brief on or before January 24, 2012.

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Defendants’ motion will be set for hearing on February 13, 2012 at 10:00 a.m.

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The initial Pretrial Status Conference shall be continued to February 27, 2012 at 1:30

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p.m.

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Dated: November 23, 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: November 23, 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: November 23, 2011.

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