Stiles v. Wal-Mart Stores Inc, et al

Filing 156

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/29/18 ORDERING that Plaintiffs' deadline for answering or otherwise responding to Defendants' Counterclaims 148 and 151 is EXTENDED to not later than 9/14/18; and Plaintiffs' deadline for filing an Opposition to Defendants' Motion is EXTENDED to not later than 9/14/18, and Defendants' deadline for filing any Reply Brief is EXTENDED to not later than 9/27/2018. (Mena-Sanchez, L)

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Joseph M. Alioto (SBN 42680)
Jamie L. Miller (SBN 271452)
ALIOTO LAW FIRM
One Sansome Street, 35th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-434-9200
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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SHARIDAN STILES, et al.,

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Plaintiffs,

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v.

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WAL-MART STORES, INC, et al.,
Defendants.

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CASE NO.:
2:14-cv-2234-MCE-CMK
STIPULATION AND ORDER
TO EXTEND TIME TO
RESPOND TO DEFENDANTS’
COUNTERCLAIMS AND TO
MODIFY THE BRIEFING
SCHEDULE ON
DEFENDANTS’ MOTION TO
DISMISS AND/OR MOTION
TO STRIKE

______________________________________

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Stipulation and Order Extending Time to Respond to Counterclaims and to Modify the
Briefing Schedule on Defendants’ Motion

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Plaintiffs Sharidan Stiles and Stiles 4 U, Inc. (“Plaintiff” or “Stiles”) and Defendants WalMart Stores, Inc. (“Walmart”) and American International Industries (“AI,” collectively
“Defendants”) by and through their respective counsel, hereby stipulate as follows:

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WHEREAS, on August 10, 2018, Walmart filed a Motion to Dismiss Claims One and

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Two of Plaintiffs’ Fourth Amended Complaint or in the Alternative a Motion to Strike

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Immaterial Matter (Dkt. No. 147); and

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WHEREAS, on August 10, 2018, Defendant American International Industries joined
in Walmart’s Motion (Dkt. No. 150); and
WHEREAS, on August 10, 2018, Defendants Walmart and American International

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Industries filed Answers and Counterclaims against Plaintiffs (Dkt. Nos. 148 and 151); and
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WHEREAS, the deadline for Plaintiffs to answer or to otherwise respond to
Defendants’ Counterclaims is on or before August 31, 2018; and
WHEREAS, the deadline for Plaintiffs to file an opposition to Defendants’ Motion is
on or before September 6, 2018; and
WHEREAS, the deadline for Defendants to file a reply brief in support of Defendants’
Motion is on or before September 13, 2018; and

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WHEREAS, the hearing date on Defendants’ Motion to Dismiss, which was set for
September 20, 2018, was vacated by the Court (Dkt. No. 153);
AND WHEREAS, in light of Plaintiffs’ counsel’s previously scheduled travel and

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conflicts in other matters, additional time is necessary to respond to Defendants’ Motion and

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Counterclaims. In addition, Defendants require additional time to submit a reply brief because

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of conflicts in other matters. Plaintiffs’ counsel has conferred with counsel for Defendants,

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and the parties have agreed to extend the deadline to respond to Defendants’ Counterclaims

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and to modify the briefing schedule on Defendants’ Motion as follows:
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Stipulation and Order Extending Time to Respond to Counterclaims and to Modify the
Briefing Schedule on Defendants’ Motion

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THEREFORE, THE PARTIES, BY AND THROUGH THEIR RESPECTIVE

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UNDERSIGNED COUNSEL, HEREBY STIPULATE, AND THE COURT ORDERS

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AS FOLLOWS:

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1. Plaintiffs’ deadline for answering or otherwise responding to Defendants’
Counterclaims (Dkt. Nos. 148 and 151) is extended to on or before September 14, 2018; and
2. Plaintiffs’ deadline for filing the Opposition to Defendants’ Motion is extended

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to on or before September 14, 2018, and Defendants’ deadline for filing any Reply Brief is
extended to on or before September 27, 2018.

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Dated: August 21, 2018

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ALIOTO LAW FIRM
/s/ Jamie L. Miller
Jamie L. Miller (SBN 271452)
ALIOTO LAW FIRM
One Sansome Street, 35th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-434-9200
Email: [e-mail]
Email: [e-mail]

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Attorney for Plaintiffs

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Dated: August 21 ,2018

WHITE & CASE LLP

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/s/ Catherine S. Simonsen
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]
Email: [e-mail]
Attorneys for Defendant Wal-Mart Stores, Inc.

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3

Stipulation and Order Extending Time to Respond to Counterclaims and to Modify the
Briefing Schedule on Defendants’ Motion

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Dated: August 21, 2018

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CONKLE, KREMER & ENGEL,
PROFESSIONAL LAW CORPORATION
/s/ Zachary Page
Zachary Page
Conkle, Kremer & Engel, Professional Law
Corporation
3130 Wilshire Blvd., Suite 500
Santa Monica, CA 90403
3130 Wilshire Blvd., Suite 500
Santa Monica, CA 90403
[phone] x105
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant American International
Industries

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ORDER
Pursuant to the parties’ stipulation and good cause appearing, the following deadlines
are hereby amended as follows:
1. Plaintiffs’ deadline for answering or otherwise responding to Defendants’
Counterclaims (ECF Nos. 148 and 151) is extended to not later than September 14, 2018; and
2. Plaintiffs’ deadline for filing an Opposition to Defendants’ Motion is extended

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to not later than September 14, 2018, and Defendants’ deadline for filing any Reply Brief is

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extended to not later than September 27, 2018.

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IT IS SO ORDERED.
Dated: August 29, 2018

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Stipulation and Order Extending Time to Respond to Counterclaims and to Modify the
Briefing Schedule on Defendants’ Motion