Cardenas v. NBTY, Inc. et al

Filing 77

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 3/15/13. The hearing as to 71 MOTION for CLASS CERTIFICATION is RESET for 6/17/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Opposition due on or before 6/3/13. Reply to opposition due on or before 6/10/13. (Manzer, C)

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Kara L. McCall (admitted pro hac vice)
[e-mail]
Christopher M. Gaul (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]
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.
Elaine A. Ryan (admitted pro hac vice)
[e-mail]
Patricia N. Syverson, SBN 203111
[e-mail]
Lindsey M. Gomez-Gray (admitted pro hac vice)
[e-mail]
BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
2325 E. Camelback Road, #300
Phoenix, AZ 85016
Telephone: [phone]
Attorneys for Plaintiffs Liliana Cardenas and
Francisco Padilla

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LILIANA CARDENAS, an Individual, and
FRANCISCO PADILLA, an Individual, On
Behalf of Themselves and All Others Similarly
Situated,

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Plaintiffs,
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
CLASS ACTION
JOINT STIPULATION AND ORDER
CONTINUING HEARING ON
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

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Plaintiffs Liliana Cardenas and Francisco Padilla (together, “Plaintiffs”), and Defendants

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NBTY, Inc. and Rexall Sundown, Inc. (together, “Defendants”), by and through their undersigned

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counsel, hereby respectfully submit this joint stipulation to continue the hearing date on Plaintiffs’

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Motion for Class Certification (“Class Motion”). In support, the parties state as follows:

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WHEREAS, this Court Entered a “Status (Pretrial Scheduling) Conference” Order on June

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27, 2012 [Dkt. No. 56]. Pursuant to that Order, Plaintiffs were required to file their motion for class

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certification by January 28, 2013.

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WHEREAS, Plaintiffs filed their motion for class certification on January 28, 2013, setting
the hearing on class certification for April 8, 2013. Accordingly, Defendants’ opposition to

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Plaintiffs’ motion for class certification is due by March 25, 2013, and Plaintiffs’ reply thereto is due

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by April 1, 2013.

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WHEREAS, notwithstanding all parties’ diligence, neither of the named plaintiffs (putative
class representatives) has been deposed.

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WHEREAS, the parties continue to explore settlement of this action.

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WHEREAS, no pretrial or trial dates have been scheduled by the Court.

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WHEREAS, the parties have not previously requested any scheduling extensions or

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continuances.

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NOW, THEREFORE, the parties stipulate as follows:

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1.

The hearing currently set for April 8, 2013 is continued to June 17, 2013 at 10:00 a.m.

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2.

Defendants shall file and serve their opposition to Plaintiffs’ motion on or before June

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3, 2013.
3.

Plaintiffs shall file their reply to Defendants’ opposition on or before June 10, 2013.

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Dated: March 14, 2013

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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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

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Dated: March 14, 2013

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

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By: /s/ Patricia N. Syverson
Patricia N. Syverson
Attorneys for Plaintiffs Liliana Cardenas and
Francisco Padilla

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IT IS SO ORDERED.

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Dated: March 15, 2013

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

CERTIFICATE OF SERVICE

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I hereby certify that on March 14, 2013, a true and correct copy of the following document

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was electronically filed and served on all counsel of record in this action who are deemed to have

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consented to electronic service via the Court’s CM/ECF system: JOINT STIPULATION AND

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[PROPOSED] ORDER CONTINUING HEARING ON PLAINTIFFS’ MOTION FOR

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CLASS CERTIFICATION.

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Pursuant to the CM/ECF system, registration as a CM/ECF user constitutes consent to

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electronic service through the Court’s transmission facilities. Any other counsel of record were

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served by U.S. mail.

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Dated: March 14, 2013

SIDLEY AUSTIN LLP

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By: /s/ Kara L. McCall
Kara L. McCall

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Attorneys for Defendants NBTY, Inc. and Rexall
Sundown, Inc.

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION