Desrys v. Buenrostro et al

Filing 15

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/20/11 ORDERING that Plaintiffs may file (through the Court's e-filing system) a Second Amended Complaint within 20 days of the filing of this Stipulation; 8 Motion to Dismiss be WITHDRAWN and the hearing on 8/1/11 is VACATED; and Defendants shall answer or otherwise respond to the Second Amended Complaint within 30 days of the filing of the Second Amended Complaint. (Meuleman, A) Modified on 7/21/2011 (Meuleman, A).

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MICHAEL A. HACKARD, ESQ. (SBN 71067)
[e-mail]
MICHAEL D. LANE, ESQ. (SBN 239517)
[e-mail]
HACKARD LAW, a Professional Law Corporation
10630 Mather Boulevard
Mather, CA 95655
Tel: [phone]
Fax: [phone]

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ARCHIE C. LAMB, JR., ESQ. (To Apply as Pro Hac Vice)
[e-mail]
P. O. Box 2088
Birmingham, AL 35201
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff Michael Desrys

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
)
MICHAEL DESRYS, as an Individual and on) Case No. 11-CV-01626-LKK-DAD
Behalf of All Others Similarly Situated,
)
) CLASS ACTION
Plaintiff,
)
vs.
) STIPULATION AND
) ORDER RE: FILING OF SECOND
MEDCO HEALTH SOLUTIONS, INC., a
) AMENDED COMPLAINT;
Delaware corporation, FEDERICO
) WITHDRAWAL OF MOTION TO
BUENROSTRO, Individually, KURATO
) DISMISS
SHIMADA, Individually, CHARLES VALDES,)
Individually, and DOES 1-100, Inclusive,
)
)
Defendants.
)

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WHEREAS, Plaintiffs bring this class action, and Defendant MEDCO HEALTH

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SOLUTIONS, INC. (“MEDCO”) has removed it to this Court pursuant to the Class Action

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Fairness Act of 2005;

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STIPULATION
CASE NO. 11-CV-01626-LKK-DAD

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WHEREAS, MEDCO has filed a Motion to Dismiss, and that motion has been noticed for

2 hearing on August 1, 2011;
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WHEREAS, Plaintiffs wish to amend their complaint to focus on claims alleging violations

4 of California Business & Professions Code § 17200, et seq.;
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WHEREAS, in light of Plaintiffs’ stated intention to amend their complaint, MEDCO

6 wishes to withdraw without prejudice its Motion to Dismiss;
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WHEREAS, MEDCO and Defendant CHARLES VALDES (“VALDES”) stipulate to

8 Plaintiffs’ filing of a Second Amended Complaint, provided Defendants expressly reserve the right
9 to challenge the Second Amended Complaint and allegations therein on any and all grounds, and
10 do not waive any arguments or defenses;
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WHEREAS, Plaintiffs and MEDCO and VALDES agree that Plaintiffs’ deadline to file a

12 Second Amended Complaint shall be twenty (20) days after the filing of this Stipulation;
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WHEREAS, Plaintiffs and MEDCO and VALDES agree that Defendants’ deadline to

14 answer or otherwise respond to the Second Amended Complaint shall be thirty (30) days from the
15 filing of the Second Amended Complaint, unless subsequently stipulated otherwise;
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WHEREAS, through this Stipulation, Plaintiffs and MEDCO and VALDES do not concede

17 any procedural or substantive rights;
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WHEREAS, Defendants FEDERICO BUENROSTRO and KURATO SHIMADA have not

19 yet answered Plaintiffs’ First Amended Complaint;
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NOW, THEREFORE, Plaintiffs and MEDCO through their counsel of record, and

21 VALDES stipulate to the following and respectfully request an order to this effect:
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IT IS HEREBY STIPULATED that (a) Plaintiffs may file a Second Amended Complaint

23 within twenty (20) days of the filing of this Stipulation; (b) MEDCO’s pending Motion to Dismiss
24 shall be deemed withdrawn without prejudice; and (c) Defendants shall answer or otherwise
25 respond to the Second Amended Complaint within thirty (30) days of the filing of the Second
26 Amended Complaint.
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STIPULATION
CASE NO. 11-CV-01626-LKK-DAD

1 Dated: July 18, 2011

HACKARD LAW, a PLC

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By: _______/s/ Michael D. Lane_____
Michael A. Hackard, Esq.
Michael D. Lane
Archie C. Lamb, Jr., Esq.
Attorneys for Plaintiff, Michael Desrys

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Dated: July 18, 2011

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP

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By: ______/s/ Thomas G. Redmon___
Thomas G. Redmon
Attorney for Defendant
MEDCO HEALTH SOLUTIONS, INC.

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Dated: July 15, 2011

CHARLES VALDES, In Pro Per

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By: _/s/ Charles Valdes ___________
Charles Valdes

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PURSUANT TO STIPULATION, IT IS SO ORDERED that (a) Plaintiffs may file (through the
Court’s e-filing system) a Second Amended Complaint within twenty (20) days of the filing of this

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Stipulation; (b) MEDCO’s pending Motion to Dismiss shall be deemed withdrawn without
prejudice and the hearing on August 1, 2011 is vacated; and (c) Defendants shall answer or
otherwise respond to the Second Amended Complaint within thirty (30) days of the filing of the

20 Second Amended Complaint.
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Dated: July 20, 2011

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STIPULATION
CASE NO. 11-CV-01626-LKK-DAD

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PROOF OF SERVICE

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I, Michael Lane, declare:

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I am a citizen of the United States, employed in the City of Mather, and the County of

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Sacramento. I am over the age of 18 years and not a party to the above-entitled action. My business
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address is 10630 Mather Boulevard, Mather, CA 95655. On July 18, 2011, I served a copy of the
within document(s):

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1.

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STIPULATION AND [PROPOSED] ORDER RE: FILING OF SECOND
AMENDED COMPLAINT; WITHDRAWAL OF MOTION TO DISMISS

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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.

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x

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by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Sacramento, California addressed as set
forth below.
by placing the document(s) listed above in a sealed ______ envelope and
affixing a pre-paid air bill, and causing the envelope to be delivered to a
_______ agent for delivery.

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by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.

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Charles Valdes
18 4830 Kipling Drive
Carmichael, CA 95608
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Federico Buenrostro
20 6120 Wycliffe Way
Sacramento, CA 95831
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Kurato Shimada
8880 Wine Valley Circle
San Jose, CA 95135
William E. Barnes
Law Offices of William E. Barnes
2020 L Street, Suite 330
Sacramento, CA 95811-4219

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Williams & Connolly LLP
23 Enu Mainigi
725 Twelfth Street, N.W.
24 Washington, DC 20005
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STIPULATION
CASE NO. 11-CV-01626-LKK-DAD

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I am readily familiar with the firm's practice of collection and processing correspondence for

3 mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of
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the party served, service is presumed invalid if postal cancellation date or postage meter date is more
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than one day after date of deposit for mailing in affidavit.
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I declare that I am employed in the office of a member of the bar of this court at whose
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Executed on July 18, 2011, at Sacramento, California.

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_________________________
Michael D. Lane

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STIPULATION
CASE NO. 11-CV-01626-LKK-DAD