Brack v. Dr. Pepper/Seven Up, Inc.

Filing 10

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 5/31/2017 ORDERING that the time for Defendant to file its motion for summary judgment is EXTENDED to 7/17/2017. (Zignago, K.)

1 STUART D. TOCHNER, CA Bar No. 123758
[e-mail]
2 AMBER L. ROLLER, CA Bar No. 273354
[e-mail]
3 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
4 Los Angeles, CA 90071
Telephone:
213.239.9800
5 Facsimile:
213.239.9045
6 Attorneys for Defendant
DR PEPPER/SEVEN UP, INC.
7
LAW OFFICES OF LINH T. NGUYEN
8 Linh T. Nguyen, State Bar No. 198751
8841 Williamson Drive, Suite 80
9 Elk Grove, CA 95624-1800
Email: [e-mail]
10 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiff
12 BOBBY R. BRACK
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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16 BOBBY R. BRACK, an individual,
Plaintiff,

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v.

19 DR PEPPER/SEVEN UP, INC., a corporation;
and DOES 1 through 100, inclusive,
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Defendants.
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Case No. 2:16-cv-01209-MCE-AC
JOINT STIPULATION TO EXTEND TIME
FOR DEFENDANT TO FILE ITS MOTION
FOR SUMMARY JUDGMENT ORDER
THEREON

Dist. Judge:
Place:

Hon. Morrison C. England, Jr.
Courtroom 14, 7th Fl.
(Sacramento)

Complaint Filed: January 13, 2016
Trial Date:
None

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16cv1209.so.0530.
GM.docx

Case No. 2:16-cv-01209-MCE-AC
JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT
TO FILE ITS MOTION FOR SUMMARY JUDGMENT ORDER THEREON

1

IT IS HEREBY STIPULATED AND AGREED by and between plaintiff Bobby Brack

2 (“Plaintiff”) and defendant Dr Pepper /Seven Up, Inc. (“Defendant”) (collectively, the “Parties”),
3 by and through their respective attorneys of record, as follows:
4

WHEREAS, on August 10, 2016, the Parties submitted a Proposed Joint Discovery Plan

5 with a fact discovery completion date of May 2, 2017 and a dispositive motion filing deadline of
6 June 17, 2017 (Dkt. No. 8);
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WHEREAS, the Parties are scheduled to participate in private mediation on July 21, 2017;

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WHEREAS, Defendant intends to file a motion for summary judgment;

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WHEREAS, in light of the mediation date, the Parties have stipulated to a one-month

10 extension of the deadline for Defendant to file its motion for summary judgment, which extended
11 such deadline to July 17, 2017; and
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WHEREAS, with the extension, Defendant’s motion for summary judgment will be filed

13 within one hundred eighty (180) days after the close of discovery, as required by this Court’s Initial
14 Pretrial Scheduling Order (Dkt. No. 5).
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THEREFORE, the Parties hereby stipulate that the deadline for Defendant to file its motion

16 for summary judgment shall be extended to July 17, 2017.
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IT IS SO STIPULATED.

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20 DATED:
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Stuart D. Tochner
Stuart D. Tochner
Amber L. Roller
Attorneys for Defendant
DR PEPPER/SEVEN UP, INC.

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16cv1209.so.0530.
GM.docx

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Case No. 2:16-cv-01209-MCE-AC
JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT
TO FILE ITS MOTION FOR SUMMARY JUDGMENT; ORDER THEREON

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DATED:

LAW OFFICES OF LINH T. NGUYEN

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By: /s/ Linh T. Nguyen (as approved on 5/25/2017
Linh T. Nguyen

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Attorneys for Plaintiff
BOBBY BRACK

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ORDER

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The Court, having reviewed and considered the Parties’ Joint Stipulation to Extend Time

11 for Defendant to File its Motion for Summary Judgment, and finding good cause for the following,
12 HEREBY ORDERS that the time for Defendant to file its motion for summary judgment is
13 extended to July 17, 2017.
14

IT IS SO ORDERED.

15 Dated: May 31, 2017
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16cv1209.so.0530.
GM.docx

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Case No. 2:16-cv-01209-MCE-AC
JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT
TO FILE ITS MOTION FOR SUMMARY JUDGMENT; ORDER THEREON