Espineli et al v. Toyota Motor Sales, U.S.A., Inc. et al

Filing 91

ORDER signed by District Judge Kimberly J. Mueller on 9/20/2019 ORDERING Plaintiffs 83 Motion for leave to amend complaint 60 Hearing is Reset for 11/1/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Toyota' s Opposition is due by 10/9/2019, and replies due by 10/25/2019. Toyota's 64 Motion to Dismiss Hearing is Reset for 11/22/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Opposition due by 11/8/2019 by 10:00 AM PST, and replies due by 11/15/2019. (Reader, L)

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Amir Nassihi (SBN 235936)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone:
415.544.1900
Facsimile:
415.391.0281
Attorney for Defendant
TOYOTA MOTOR SALES U.S.A., INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELINDA ESPINELI and MOHAMMAD
MOGHADDAM, as individuals and on behalf
of all others similarly situated,

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Plaintiffs,
vs.
TOYOTA MOTOR SALES U.S.A., INC., a
California corporation; TOYOTA MOTOR
CORPORATION, a Japanese Corporation; and
DOES 1 through 100, inclusive,

Case No. 2:17-cv-00698-KJM-CKD
Judge: Hon. Kimberly J. Mueller
STIPULATION AND ORDER SETTING
DATES IN CONNECTION WITH
PLAINTIFFS’ MOTION FOR LEAVE TO
AMEND AND DEFENDANT’S MOTION TO
DISMISS

Defendants.

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Pursuant to Eastern District of California Civil Local Rules 143 and 144, the parties hereby
stipulate as follows:

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Following the Court’s May 24, 2019 order dismissing Plaintiffs’ First Amended Class Action

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Complaint (Dkt. No. 58), Plaintiffs filed their Second Amended Class Action Complaint on June 14,

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2019 (Dkt. No. 60). Toyota filed a motion to dismiss the Second Amended Class Action Complaint

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on July 12, 2019 and noticed the hearing for September 20, 2019. (Dkt. 64-1). On August 15, 2019,

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the Court approved the Parties’ stipulation to modify the deadline for Plaintiffs’ opposition to Toyota’s

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motion to dismiss, ordering Plaintiffs' opposition to be filed by August 23, 2019 and that the deadline

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STIP. AND ORDER RE DEADLINES ON MOT. FOR LEAVE TO AMEND AND MOT. TO DISMISS
2:17-CV-00698-KJM-CKD

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for Defendant's reply and the hearing date on the motion to dismiss remained unchanged. (Dkt. No.

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76).

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Following Plaintiffs’ ex parte application, on August 21, 2019, the Court issued a Minute Order

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continuing Defendant's pending motion to dismiss hearing to November 15, 2019 to allow the Court

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to hear Plaintiffs' Motion for Leave to Amend on a normal briefing schedule. (Dkt. No. 80).

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On August 23, 2019, the Court issued a Minute Order that approved the Parties’ stipulation to

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a September 23, 2019 deadline for Plaintiffs’ opposition to Toyota’s motion to dismiss, and an October

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7, 2019 deadline for Defendant’s reply (Dkt. No. 82).

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On August 28, 2019, Plaintiffs filed their Motion for Leave to file an Amended Complaint

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pursuant to the Court’s August 21, 2019 Minute Order and noticed that hearing for October 4, 2019.

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(Dkt. No. 83). On its own motion, the Court reset that hearing to October 3, 2019 and ordered that

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filing deadlines would also be set as provided by Local Rule 230. (Dkt. No. 84). In addition, the

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Court issued a Minute Order on September 16, 2019 vacating the November 15, 2019 hearing date on

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Toyota’s motion to dismiss and resetting it for November 22, 2019. Filing deadlines on Toyota’s

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motion to dismiss were also reset as provided by Local Rule 230. (Dkt. No. 87).

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To accommodate pre-existing conflicts for Toyota’s counsel as to the hearing date on

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Plaintiffs’ Motion for Leave to File an Amended Complaint and to provide counsel with adequate time

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to brief the pending motions, the Parties stipulate, subject to the Court's approval, as follows:

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Event

Deadline

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Toyota’s Opposition to Plaintiffs’ Motion for

October 9, 2019

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Leave to Amend Complaint

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Plaintiffs’ Reply in Support of their Motion for

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Leave to Amend Complaint

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Hearing on Plaintiffs Motion for Leave to

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Amend Complaint

October 25, 2019

November 1, 2019 at 10:00 a.m.

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STIP. AND ORDER RE DEADLINES ON MOT. FOR LEAVE TO AMEND AND MOT. TO DISMISS
2:17-CV-00698-KJM-CKD

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Plaintiffs’ Opposition to Toyota’s Motion to

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Dismiss Second Amended Complaint

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Toyota’s Reply in Support of its Motion to

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Dismiss Second Amended Complaint

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Hearing on Toyota’s Motion to Dismiss Second

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Amended Complaint

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November 8, 2019 by 10:00 a.m. PST

November 15, 2019

November 22, 2019 at 10:00 a.m.

In addition, if the Court takes the motion to amend under submission either prior to or at the

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hearing on November 1, the Parties stipulate that Plaintiffs may request that the Court continue, stay,

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or vacate the briefing schedule and/or hearing on the motion to dismiss pending its decision on the

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motion to amend. Toyota agrees to the form and procedure of request and will not object on those

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grounds. Toyota reserves the right to oppose the substance of the request to continue the motion to

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dismiss briefing schedule and/or hearing.

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IT IS SO STIPULATED.

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Dated: September 17, 2019

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By: /s/ Amir Nassihi
Amir Nassihi
Attorney for Defendant
Toyota Motor Sales U.S.A.

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Respectfully submitted,
SHOOK, HARDY & BACON L.L.P.

Dated: September 17, 2019

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Respectfully submitted,
KERSHAW, COOK & TALLEY PC
By: /s/ Ian Barlow (authorized on 9/17/19)

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William A. Kershaw
Stuart C. Talley
Ian J. Barlow
Attorneys for Plaintiffs
Melinda Espineli and Mohammad Moghaddam

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IT IS SO ORDERED.
Dated: September 20, 2019.

UNITED STATES DISTRICT JUDGE

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STIP. AND ORDER RE DEADLINES ON MOT. FOR LEAVE TO AMEND AND MOT. TO DISMISS
2:17-CV-00698-KJM-CKD