Cardenas v. NBTY, Inc. et al

Filing 39

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 2/22/2012 ORDERING 37 Initial Scheduling Conference Reset for 6/25/2012 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Defendants' Motion to Dismiss Hearing CONTINUED to 4/23/2012 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. 26 (Reader, L)

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BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
ANDREW S. FRIEDMAN (admitted pro hac vice)
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.
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,

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Plaintiff,

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vs.

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

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Defendants.

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Case No. 11-cv-01615-LKK-CKD
THIRD JOINT STIPULATION AND
ORDER ON DEFENDANTS’ MOTION TO
DISMISS SECOND AMENDED
COMPLAINT HEARING AND
RESETTING INITIAL STATUS
CONFERENCE

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THIRD JOINT STIPULATION AND [PROPOSED] ORDER ON DEFENDANTS’ MOTION TO DISMISS SECOND
AMENDED COMPLAINT HEARING 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 October 24, 2011, Plaintiff filed her Second Amended Complaint; and

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WHEREAS, Defendants filed their Motion to Dismiss the Second Amended Complaint on

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November 23, 2011 and briefing on Defendants’ Motion was completed on January 24, 2012; and

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WHEREAS, on January 31, 2012, Plaintiff’s counsel notified Defendants’ counsel of a

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scheduling conflict with the February 13, 2012 hearing date that the parties had previously agreed to.

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The parties agreed to reschedule the hearing for Defendants’ Motion to February 27, 2012, or as

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soon thereafter as was convenient for the Court;
WHEREAS, on February 21, 2012 the Court rescheduled the hearing for Defendants’ Motion

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to March 12, 2012 at 10:00 a.m.;

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WHEREAS, on February 21, 2012, Plaintiff’s counsel notified Defendants’ counsel of a

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scheduling conflict with the March 12, 2012 hearing date. The parties agreed to reschedule the

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hearing for Defendants’ Motion to April 23, 2012, or as soon thereafter as is convenient for the

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Court;

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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, currently set for March 26, 2012, with joint reports due two weeks prior thereto, were

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continued until after Defendants’ Motion to Dismiss the Second Amended Complaint is heard and

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decided.

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NOW, THEREFORE, the parties stipulate as follows:

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1.

Defendants’ motion will be re-set for hearing on April 23, 2012 at 10:00 a.m.

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

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2.

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The initial Pretrial Status Conference shall be continued until June 25, 2012 at 2:00

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p.m.

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Dated: February 22, 2012

SIDLEY AUSTIN LLP

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By: /s/ Kara L. McCall
Kara L. McCall
Attorneys for Defendants NBTY, Inc., and
Rexall Sundown, Inc.

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Dated: February 22, 2012
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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: February 22, 2012.

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

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CERTIFICATE OF SERVICE
I hereby certify that on February 22, 2012, I electronically filed the foregoing with the Clerk

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of the Court using the CM/ECF system which will send notification of such filing to the e-mail

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addresses denoted on the Electronic Mail notice list, and I hereby certify that I have mailed the

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foregoing document or paper via the United States Postal Service to the non-CM/ECF participants

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indicated on the Manual Notice list.

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I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on February 22, 2012.
By: s/ Patricia N. Syverson
BONNETT FAIRBOURN FRIEDMAN
& BALINT, PC
2901 North Central Avenue, Suite 1000
Phoenix, Arizona 85012
602-274-1100
602-274-1199 facsimile
Email: [e-mail]

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