Bergkamp v. WBM LLC
Filing
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/16/18: The deadline for Plaintiff to file his First Amended Complaint is January 19, 2018. The deadline for WBM to respond to Plaintiff's First Amended Complaint is February 9, 2018. (Kaminski, H)
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MICHAEL J. STORTZ (SBN 139386)
michael.stortz@dbr.com
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, California 94105-2235
Telephone: 415-591-7500
Facsimile:
415-591-7510
MARSHALL L. BAKER (SBN 300987)
marshall.baker@dbr.com
DRINKER BIDDLE & REATH LLP
1800 Century Park East, Suite 1500
Los Angeles, California 90067-1517
Telephone: 310-203-4000
Facsimile:
310-229-1285
Attorneys for Defendant
WBM LLC d/b/a WBM INTERNATIONAL
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD BERGKAMP, individually and on
behalf of all others similarly situated,
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Plaintiffs,
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v.
Case No. 2:17-cv-02533-KJM-CKD
STIPULATION REGARDING
PLAINTIFF’S FIRST AMENDED
COMPLAINT AND DEFENDANT’S
RESPONSE THERETO
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WBM LLC d/b/a WBM INTERNATIONAL,
and DOES 1-10, Inclusive,
Defendants.
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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO
STIPULATION REGARDING PLAINTIFF’S FIRST
AMENDED COMPL. AND DEFENDANT’S RESPONSE
THERETO
CASE NO. 2:17-CV-02533-KJM-CKD
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Plaintiff Richard Bergkamp (“Plaintiff”) and Defendant WBM LLC d/b/a WBM
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International (“WBM”) (collectively, the “Parties”) hereby stipulate to and agree to permit
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Plaintiff to file a First Amended Complaint on or before January 26, 2018 and to set the deadline
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for WBM’s response thereto as February 9, 2018, as follows:
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WHEREAS, on December 1, 2017, WBM timely removed Plaintiff’s Original Complaint
to this Court. See Dkt. No. 1;
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WHEREAS, WBM’s original responsive pleading deadline was set for December 8, 2017;
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WHEREAS, pursuant to Local Rule 144(a), the Parties stipulated to a 28-day extension of
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the time to respond to Plaintiff’s Original Complaint. See Dkt. No. 3;
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WHEREAS, pursuant to this Court’s Standing Order requiring pre-filing meet and confer
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prior to the filing of any motion, WBM’s counsel advised Plaintiff’s counsel of WBM’s intent to
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move to dismiss Plaintiff’s Original Complaint, and Plaintiff’s counsel advised that Plaintiff was
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contemplating filing a motion to remand this action to state court. Plaintiff’s motion to remand
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was due January 2, 2018. See 28 U.S.C. § 1447(c);
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WHEREAS, to provide an opportunity to complete meet and confer on the foregoing, the
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Parties stipulated to continue WBM’s deadline to respond to Plaintiff’s Original Complaint for
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two (2) weeks, to and including January 19, 2018, and further agreed to extend Plaintiff’s
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deadline to file a motion to remand to and including January 8, 2018. See Dkt. No. 4;
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WHEREAS, the Court granted the Parties stipulation, extending Plaintiff’s deadline to file
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a motion to remand to January 8, 2018, and extending WBM’s deadline to respond to the Original
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Complaint to January 19, 2018. See Dkt. No. 6;
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WHEREAS, Plaintiff filed his motion to remand on January 8, 2018 and set the hearing
on that motion for March 9, 2018. See Dkt. No. 8;
WHEREAS, during additional meet and confer of the Parties, Plaintiff agreed to file a
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First Amended Complaint, and that WBM would have no obligation to respond to Plaintiff’s
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Original Complaint;
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WHEREAS, the Parties further agreed to set Plaintiff’s deadline to file his First Amended
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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO
STIPULATION REGARDING PLAINTIFF’S FIRST
AMENDED COMPL. AND DEFENDANT’S RESPONSE
THERETO
-2-
CASE NO. 2:17-CV-02533-KJM-CKD
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Complaint on January 19, 2018;
WHEREAS, the Parties further agreed to set WBM’s responsive pleading deadline to
Plaintiff’s First Amended Complaint for February 9, 2018;
WHEREAS, the scheduling modifications provided herein will not otherwise impact any
deadlines already set by the Court.
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THEREFORE, IT IS HEREBY STIPULATED by the Parties that:
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(1)
WBM has no obligation to respond to Plaintiff’s Original Complaint;
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(2)
The deadline for Plaintiff to file his First Amended Complaint is January 19, 2018;
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(3)
The deadline for WBM to respond to Plaintiff’s First Amended Complaint is
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February 9, 2018.
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IT IS SO STIPULATED.
Dated: January 10, 2018
DRINKER BIDDLE & REATH LLP
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By: /s/ Marshall L. Baker
Michael J. Stortz
Marshall L. Baker
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Attorneys for Defendant
WBM LLC d/b/a WBM INTERNATIONAL
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Dated: January 10, 2018
BESHADA FARNESE LLP
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By: /s/ Peter J. Farnese (authorized on 1/10/2018)
Peter J. Farnese
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Attorneys for Plaintiff
RICHARD BERGKAMP
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: January 16, 2018.
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UNITED STATES DISTRICT JUDGE
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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO
STIPULATION REGARDING PLAINTIFF’S FIRST
AMENDED COMPL. AND DEFENDANT’S RESPONSE
THERETO
-3-
CASE NO. 2:17-CV-02533-KJM-CKD
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