Stutzman et al. v. Armstrong, et al.

Filing 26

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/13: Motions in Response to Amended Complaint due by 4/26/2013. Replies due by 6/17/2013. Responses due by 7/12/2013. Initial Scheduling Conference set for 3/27/2013 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Manzer, C)

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Kevin P. Roddy, SBN 128283
WILENTZ, GOLDMAN & SPITZER, P.A.
90 Woodbridge Center Drive, Suite 900
Woodbridge, New Jersey 07095
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs

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Stephen G. Contopulos, SBN 50317
[e-mail]
Bradley H. Ellis, SBN 110467
[e-mail]
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, California 90013
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Random House,
Inc., Broadway Books, and Crown
Publishing Group
(See Signature Page for Additional
Parties and Counsel)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ROB STUTZMAN, JONATHAN WHEELER,
GLORIA LAURIA, DAVID REIMERS and
SCOTT ARMSTRONG, on behalf of
themselves and all others similarly situated,
Plaintiffs,

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vs.
LANCE ARMSTRONG; PENGUIN GROUP
(USA), INC.; G.P. PUTNAM’S SONS; THE
BERKLEY PUBLISHING GROUP;
RANDOM HOUSE, INC.; BROADWAY
BOOKS; CROWN PUBLISHING GROUP;
THOMAS W. WEISEL; WILLIAM J.
STAPLETON; and DOES 1-50, inclusive,
Defendants.

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CASE No. 2:13-cv-00116-MCE-KJN
Assigned for all purposes to the Honorable
Morrison C. England. Jr.
STIPULATION AND ORDER RE
FILING OF PLAINTIFFS’ FIRST
AMENDED CLASS ACTION
COMPLAINT, SCHEDULING
PARTIES’ RULE 26(f) CONFERENCE,
FILING OF PARTIES’ JOINT STATUS
REPORT, AND BRIEFING SCHEDULE
FOR DEFENDANTS’ RESPONSE(S) TO
PLAINTIFFS’ FIRST AMENDED
CLASS ACTION COMPLAINT

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STIPULATION AND PROPOSED ORDER

CASE NO. 2:13-CV-00116-MCE-KJN

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Plaintiffs, Rob Stutzman, Jonathan Wheeler, Gloria Lauria, David Reimers and Scott
Armstrong (collectively, “Plaintiffs”); and Defendant Penguin Group (USA) Inc. (“Penguin”), also
sued as G.P. Putnam’s Sons and The Berkley Publishing Group; Defendant Random House, Inc.
(“Random House”), also sued as Broadway Books and Crown Publishing Group (together, the
“Publisher Defendants”); and Defendant Lance Armstrong (“Defendant Armstrong”), by and
through their undersigned counsel, hereby stipulate and agree as follows:
WHEREAS, on January 22, 2013, Plaintiffs Stutzman and Wheeler filed a Class Action
Complaint (the “Complaint”) on behalf of themselves and a proposed class of California residents
who purchased two books authored by Defendant Armstrong and published by the Publisher
Defendants, i.e., It’s Not About the Bike: My Journey Back to Life and Every Second Counts (see
Dkt. No. 1); and
WHEREAS, the Complaint alleges, among other things, claims for negligent
misrepresentation and fraud, as well as California statutory claims pursuant to the Consumers Legal
Remedies Act (“CLRA”) (Cal. Civ. Code § 1750 et seq.), the Unfair Competition Law (Cal. Bus. &
Prof. Code § 17200 et seq.), and the False Advertising Law (Cal. Bus. & Prof. Code § 17500 et
seq.); and
WHEREAS, the Complaint and the Summons issued by the Clerk were served on
Defendant Random House on January 25, 2013; on Defendant Armstrong on January 29, 2013, and
on Defendant Penguin on January 30, 2013, and Plaintiffs Stutzman and Wheeler have electronically
filed the requisite proofs of service; and
WHEREAS, on January 22, 2013, this Court entered its Order Requiring Joint Status Report
(the “Order”) (Dkt. No. 4); and
WHEREAS, on February 5, 2013, Plaintiffs Stutzman and Wheeler filed their Certificate
Confirming Service of this Court’s Order Requiring Joint Status Report (Dkt. No. 6); and
WHEREAS, the parties are due to comply with the Order on or before March 26, 2013; and
WHEREAS, during a teleconference held on February 11, 2013, counsel for Plaintiffs
advised counsel for the Publisher Defendants that Plaintiffs Stutzman and Wheeler intend to file a
First Amended Class Action Complaint (the “First Amended Complaint”), in order to, among other
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STIPULATION AND PROPOSED ORDER

CASE NO. 2:13-CV-00116-MCE-KJN

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things, add a claim (or claims) for damages pursuant to the CLRA; and
WHEREAS, on March 7, 2013, Plaintiffs filed an 85-page First Amended Complaint adding
three new plaintiffs (Gloria Lauria, David Reimers and Scott Armstrong), two new defendants
(Thomas W. Weisel and William J. Stapleton), three additional books upon which they seek relief,
additional claims under the CLRA and additional factual allegations; and
WHEREAS, on March 7, 2013, the First Amended Complaint was served electronically
upon counsel for the Publisher Defendants and Defendant Armstrong, respectively, and
arrangements were commenced to serve Defendants Weisel and Stapleton with a copy of the
Summons and First Amended Complaint; and
WHEREAS, service of the Summons and First Amended Complaint upon Defendants
Weisel and Stapleton has not yet been completed; and
WHEREAS, each of the Publisher Defendants intends to file in response to the First
Amended Complaint, a motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil
Procedure and a special motion to strike pursuant to Section 425.16 et seq. of the California Code of
Civil Procedure, the so-called anti-SLAPP statute; and
WHEREAS, Defendant Armstrong presently contemplates filing in response to the First
Amended Complaint, a motion to dismiss and motion to strike pursuant to Rule 12 of the Federal
Rules of Civil Procedure, and possibly a special motion to strike pursuant to Section 425.16 et seq.
of the California Code of Civil Procedure. and
WHEREAS, in light of the filing of the First Amended Complaint, the fact that service
thereof upon Defendants Weisel and Stapleton has not yet been completed and the need for all
defense counsel (including those not yet having appeared herein) to review and analyze adequately
the First Amended Complaint and discuss the same with their respective clients, an extension of time
from March 26, 2013, until April 12, 2013, is needed in order for all counsel to meaningfully
participate in a Rule 26(f) conference and prepare the Joint Status Report; and
WHEREAS, counsel for Plaintiffs, Defendant Armstrong, Defendant Penguin and
Defendant Random House have agreed to conduct a Rule 26(f) conference on March 27, 2013; and
WHEREAS, pursuant to Local Rule 144, the parties having appeared herein respectfully
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STIPULATION AND PROPOSED ORDER

CASE NO. 2:13-CV-00116-MCE-KJN

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request that the Court approve such parties’ briefing schedule for the motions to dismiss and motions
to ; and
WHEREAS, this stipulation is the first extension requested by the parties relating to
responding to the First Amended Complaint, is made in good faith, is not made for the purpose of
delay and will not prejudice any party;
IT IS HEREBY STIPULATED AND AGREED THAT:
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In accordance with this Court’s Order, and in consideration of the needs expressed
above, the parties shall conduct their Rule 26(f) conference on March 27, 2013,
and shall file the Joint Status Report on or before April 12, 2013;

2. Defendants shall file their motions in response to the First Amended Complaint and
papers in support thereof on or before April 26, 2013;
3. Plaintiffs shall file their briefs and other papers in opposition to the Defendants’
motions to dismiss and motions to strike the First Amended Complaint on or before
June 17, 2013; and
4. Defendants shall file their reply briefs and other papers in further support of the
motions on or before July 12, 2013.

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Respectfully submitted,

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WILENTZ, GOLDMAN & SPITZER, P.A.
Kevin P. Roddy (SBN 128283)

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LAW OFFICE OF TRACEY BUCK-WALSH
Tracey Buck-Walsh (SBN 131254)

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Dated: March 20, 2013

TURNER & ASSOCIATES
C. Tab Turner (admitted pro hac vice)
THE ROSSBACHER FIRM
Henry H. Rossbacher (SBN 060260)
By: /s/ Kevin P. Roddy
Kevin P. Roddy
Attorneys for Plaintiffs

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STIPULATION AND PROPOSED ORDER

CASE NO. 2:13-CV-00116-MCE-KJN

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Dated: March 20, 2013

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SIDLEY AUSTIN LLP
Stephen G. Contopulos (SBN 50317)
Bradley H. Ellis (SBN 110467)
/s/ Stephen G. Contopulos (as authorized on
By: 3/20/13)
Stephen G. Contopulos
Attorneys For Defendants Random House, Inc.,
Broadway Books, and Crown Publishing Group

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DORSEY & WHITNEY LLP
Kent J. Schmidt (SBN 195969)
Jonathan M. Herman (admitted pro hac vice)
F. Matthew Ralph (admitted pro hac vice)

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Dated: March 20, 2013

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Dated: March 20, 2013

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Dated: March 20, 2013

By: /s/ Kent J. Schmidt (as authorized on 3/20/13)
Kent J. Schmidt
Attorneys for Defendants Penguin Group (USA), Inc.,
G.P. Putnam’s Sons, and The Berkley Publishing
Group
KATTEN MUCHIN ROSENMAN LLP
Zia F. Modabber (SBN 137388)
Gregory S. Korman (SBN 216931)
Andrew J. Demko (SBN 247320)
By: /s/ Zia F. Modabber (as authorized on
3/20/13)
Zia F. Modabber
Attorneys for Defendant Lance Armstrong
HOWRY BREEN LLP
Sean Breen (pro hac vice application to be filed)

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By: /s/ Sean Breen (as authorized on 3/20/13)
Sean Breen
Attorneys for Defendant Lance Armstrong

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ORDER

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IT IS SO ORDERED.
DATED: March 27, 2013

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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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STIPULATION AND PROPOSED ORDER

CASE NO. 2:13-CV-00116-MCE-KJN