Stutzman et al. v. Armstrong, et al.

Filing 58

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr on 6/5/13 ORDERING Motion Hearings for 56 , 41 , 53 , 37 , 36 , 47 , 46 , 57 , 55 , 42 RESCHEDULED to 8/8/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. The Court ORDERS the following briefing schedule as to defendants Weisel and Stapleton: Defendants Weisel and Stapleton shall file the Subject Motions, and papers in support thereof, on or before 7/18/13; Plaintiffs shall file their briefs and other papers in opposition to the Subject Motions on or before 7/25/13; and Defendants Weisel and Stapleton shall file their reply briefs and other papers in further support of the Subject Motions on or before 8/1/13. (Meuleman, A)

Robert A. Sacks (SBN 150146)

1 ([e-mail])

SULLIVAN & CROMWELL LLP

2 1888 Century Park East

Los Angeles, California 90067
[phone]
Facsimile:
[phone]

3 Telephone:
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Brendan P. Cullen (SBN 194057)

5 ([e-mail])

SULLIVAN & CROMWELL LLP

6 1870 Embarcadero Road

Palo Alto, California 94303
[phone]
Facsimile:
[phone]

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Attorneys for Defendant Thomas W. Weisel
(See Signature Page for Additional Parties
and Counsel)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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

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Plaintiffs,
v.

18 LANCE ARMSTRONG; PENGUIN
19 GROUP (USA), INC.; G.P. PUTNAM’S
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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.

Case No. 2:13-cv-00116-MCE-KJN
Assigned for all purposes to the
Honorable Morrison C. England Jr.
STIPULATION AND ORDER RE
BRIEFING SCHEDULE FOR
DEFENDANTS THOMAS W.
WEISEL’S AND WILLIAM J.
STAPLETON’S RESPONSES TO
PLAINTIFFS' FIRST AMENDED
CLASS ACTION COMPLAINT

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SULLIVAN & CROMWELL LLP

STIPULATION RE BRIEFING SCHEDULE AND [PROPOSED] ORDER

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Plaintiffs Rob Stutzman, Jonathan Wheeler, Gloria Lauria, David Reimers and

2 Scott Armstrong (collectively, “Plaintiffs”); and Defendant Thomas W. Weisel (“Weisel”) and
3 Defendant William J. Stapleton (“Stapleton”), by and through their undersigned counsel, hereby
4 stipulate and agree as follows:
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WHEREAS, on March 7, 2013, Plaintiffs filed an 85-page First Amended Class

6 Action Complaint (the “Complaint’) adding, inter alia, two new defendants (Weisel and
7 Stapleton); and
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WHEREAS, the Complaint asserts California common law claims for fraud and

9 deceit and negligent misrepresentation, as well as California statutory claims pursuant to the
10 Consumers Legal Remedies Act (“CLRA”) (Cal. Civ. Code § 1750 et seq.), the Unfair
11 Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and the False Advertising Law (Cal.
12 Bus. & Prof. Code § 17500 et seq.); and
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WHEREAS, Defendants Weisel and Stapleton executed Waivers of Service of

14 Summons for Complaint on March 27, 2013 and April 1, 2013, respectively; and
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WHEREAS, Defendants Weisel and Stapleton each intend to file a motion to

16 dismiss pursuant to Rules 8, 9(b), and 12(b)(6) of the Federal Rules of Civil Procedure and a
17 special motion to strike pursuant to Section 425.16 et seq. of the California Code of Civil
18 Procedure (the “Subject Motions”); and
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WHEREAS, on March 28, 2013, the Court ordered a briefing schedule for

20 motions to dismiss and special motions to strike filed by Defendants Armstrong; Penguin Group
21 (USA), Inc.; G.P. Putnam’s Sons; The Berkley Publishing Group; Random House, Inc.;
22 Broadway Books; and Crown Publishing Group (the “Co-Defendants’ Motions”); and
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WHEREAS, the Co-Defendants’ Motions are currently set for hearing on July 25,

24 2013; and
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WHEREAS, Plaintiffs, Weisel and Stapleton have met and conferred regarding an

26 appropriate briefing schedule with respect to the Subject Motions, and all agree that for purposes
27 of judicial economy the schedule should be coordinated with the existing briefing schedule on
28 the Co-Defendants' Motion and set for hearing on the same date (subject to Court approval); and
SULLIVAN & CROMWELL LLP

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WHEREAS, pursuant to Rule 144(a) of the Local Rules of the United States

2 District Court for the Eastern District of California, Plaintiffs and Defendants Weisel and
3 Stapleton having appeared herein respectfully request that the Court approve such parties’
4 briefing schedule for the Subject Motions; and
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WHEREAS, this stipulation is the first extension requested by Plaintiffs, Weisel

6 and Stapleton relating to Weisel’s and Stapleton’s responses to the Complaint, is made in good
7 faith, is not made for the purpose of delay and will not prejudice any party;
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IT IS HEREBY STIPULATED AND AGREED THAT:
1.

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support thereof, on or before June 3, 2013;
2.

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Plaintiffs shall file their briefs and other papers in opposition to the Subject
Motions on or before June 28, 2013; and

3.

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Defendants Weisel and Stapleton shall file the Subject Motions, and papers in

Defendants Weisel and Stapleton shall file their reply briefs and other papers in
further support of the Subject Motions on or before July 12, 2013.

4.

The hearing on the Subject Motions should be set for July 25, 2013.

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17 Dated: May 21, 2013

Respectfully submitted,

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

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

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C. Tab Turner (admitted pro hac vice)
TURNER & ASSOCIATES

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Henry H. Rossbacher (SBN 060260)
THE ROSSBACHER FIRM

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Attorneys for Plaintiffs

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SULLIVAN & CROMWELL LLP

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1 Dated: May 21, 2013
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/s/ Robert A. Sacks______________________
Robert A. Sacks (SBN 150146)
SULLIVAN & CROMWELL LLP
1888 Century Park East
Los Angeles, California 90067
Telephone:
[phone]
Facsimile:
[phone]

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Brendan P. Cullen (SBN 194057)
([e-mail])
SULLIVAN & CROMWELL LLP
1870 Embarcadero Road
Palo Alto, California 94303
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant Thomas W. Weisel

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10 Dated: May 21, 2013
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/s/ Marc S. Harris______________________
Marc S. Harris (SBN 136647)
William H. Forman (SBN 150477)
SCHEPER KIM & HARRIS LLP
One Bunker Hill
601 West Fifth Street,
12th Floor
Los Angeles, CA 90071
Attorneys for Defendant William J. Stapleton

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SULLIVAN & CROMWELL LLP

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ORDER
On the Court’s own motion, the hearing on Defendants’ Motions to Strike (ECF Nos. 36,

3 42, 47) and Defendants’ Motion to Dismiss (ECF NO. 37, 41, 46) are currently scheduled for
4 July 25, 2013, are vacated and rescheduled for August 8, 2013, at 2:00 p.m. in Courtroom 7.
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Accordingly, the Court orders the following briefing schedule as to Defendants Weisel

6 and Stapleton:
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support thereof, on or before July 18, 2013;
2.

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Defendants Weisel and Stapleton shall file the Subject Motions, and papers in

Plaintiffs shall file their briefs and other papers in opposition to the Subject
Motions on or before July 25, 2013; and

3.

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Defendants Weisel and Stapleton shall file their reply briefs and other papers in
further support of the Subject Motions on or before August 1, 2013.

13 The hearing on the Subject Motions (ECF Nos. 53, 55, 56, 57) shall be set for August 8, 2013, at
14 2:00 in Courtroom 7, to be heard with Defendants’ additional motions (ECF Nos. 36, 37, 41, 42,
15 46, 47.)
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IT IS SO ORDERED.

17 DATED: June 5, 2013
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MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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SULLIVAN & CROMWELL LLP

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