Stiles v. Wal-Mart Stores Inc, et al

Filing 144

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 7/19/2018 EXTENDING Time to and including 8/10/2018, for Defendants to Respond to 142 Fourth Amended Complaint. (York, M)

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BRYAN A. MERRYMAN (SBN 134357)
[e-mail]
CATHERINE S. SIMONSEN (SBN 307325)
[e-mail]
WHITE & CASE LLP
555 S. Flower Street, Suite 2700
Los Angeles, CA 90071-2433
Telephone: [phone]
Facsimile: [phone]
BIJAL V. VAKIL (SBN 192878)
[e-mail]
WHITE & CASE LLP
3000 El Camino Real
5 Palo Alto Square, 9th Floor
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
WAL-MART STORES, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHARIDAN STILES, an individual; STILES 4
U, INC., a California corporation,

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Plaintiffs,

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v.
WAL-MART STORES, INC.; AMERICAN
INTERNATIONAL INDUSTRIES,

Case No. 2:14-cv-02234-MCE-CMK
STIPULATION TO EXTEND TIME TO
RESPOND TO FOURTH AMENDED
COMPLAINT AND ORDER
Judge: The Honorable Morrison C.
England, Jr.

Defendants.

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STIPULATION TO EXTEND TIME TO RESPOND TO
AMERICAS 95125486

FOURTH AMENDED COMPLAINT

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WHEREAS plaintiffs filed their fourth amended complaint on July 10, 2018;

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WHEREAS, pursuant to Fed. R. Civ. P. 15(a)(3), defendants’ response to the fourth

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amended complaint is currently due on July 24, 2018;
WHEREAS defendants require additional time to prepare their response to the fourth

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amended complaint in light of their participation in discovery planning pursuant to the Court’s

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June 20, 2018, order and in light of preexisting time commitments of defendants’ counsel in other

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matters;
THEREFORE the parties hereby stipulate that the time for defendants to respond to the

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fourth amended complaint shall be extended by 17 days, from July 24, 2018, to and including

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August 10, 2018. The parties further stipulate that if defendants’ response to the first and second

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claims for relief in plaintiffs’ fourth amended complaint is a motion to dismiss those claims,

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defendants’ responsive pleading with respect to those claims shall not be required to be filed and

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served until 14 days after notice of any denial of the motion to dismiss those claims or

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postponement of its disposition until trial by the Court.

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Dated: July 18, 2018

WHITE & CASE LLP

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By:

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Attorneys for Defendant
WAL-MART STORES, INC.

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s/ Catherine S. Simonsen
Catherine S. Simonsen

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Dated: July 18, 2018

CONKLE, KREMER & ENGEL
By:

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Attorneys for Defendant
AMERICAN INTERNATIONAL
INDUSTRIES

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s/ Mark D. Kremer
Mark D. Kremer

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-1STIPULATION TO EXTEND TIME TO RESPOND TO
AMERICAS 95125486

FOURTH AMENDED COMPLAINT

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Dated: July 18, 2018

ALIOTO LAW FIRM

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By:

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Attorneys for Plaintiffs
SHARIDAN STILES and STILES 4 U, INC.

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s/ Jamie L. Miller
Jamie L. Miller

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ORDER
Pursuant to the stipulation of the parties and good cause appearing, the time for

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Defendants to respond to the Fourth Amended Complaint is hereby extended 17 days, from July

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24, 2018, to and including August 10, 2018. Pursuant to Fed. R. Civ. Pro. 12, if Defendants’

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response to any cause of action consists of a motion to dismiss, a responsive pleading with respect

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to that/those cause(s) of action shall be filed and served fourteen (14) days after denial of those

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claims, if any.

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IT IS SO ORDERED.

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Dated: July 19, 2018

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-2STIPULATION TO EXTEND TIME TO RESPOND TO
AMERICAS 95125486

FOURTH AMENDED COMPLAINT

PROOF OF SERVICE

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I hereby certify that I am employed in Los Angeles County, State of California. I am over

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the age of 18 and not a party to the within action. My business address is 555 S. Flower Street,

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Suite 2700, Los Angeles, CA 90071-2433.

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On July 18, 2018, I served true and correct copies of the foregoing document(s) on each of
the recipients listed below:
STIPULATION TO EXTEND TIME TO RESPOND TO FOURTH AMENDED
COMPLAINT AND [PROPOSED] ORDER
BY CM/ECF NOTICE OF ELECTRONIC FILING: I caused said document(s) to be
served by means of this Court’s electronic transmission of the Notice of Electronic Filing through
the Court’s transmission facilities, to the parties and/or counsel who are registered CM/ECF
Users set forth in the service list obtained from this Court.
Joseph M. Alioto
Jamie L. Miller
ALIOTO LAW FIRM
One Sansome Street, 35th Floor
San Francisco, CA 94104
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

Mark D. Kremer
Zachary Page
CONKLE, KREMER & ENGEL
Professional Law Corporation
3130 Wilshire Boulevard, Suite 500
Santa Monica, California 90403-2351
Tel: [phone]
Email: [e-mail]
Email: [e-mail]

Attorneys for Sharidan Stiles and
Stiles 4 U, Inc.

Attorneys for Wal-Mart Stores, Inc. and
American International Industries

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I declare under penalty of perjury under the laws of the United States of America and the
State of California that the above is true and correct.
Executed on July 18, 2018, at Los Angeles, California.
/s/ Catherine S. Simonsen____
Catherine S. Simonsen

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-1CERTIFICATE OF SERVICE
AMERICAS 95125486

CASE NO. 2:14-CV-02234-MCE-CMK