Bergkamp v. WBM LLC

Filing 12

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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1 2 3 4 5 6 7 8 9 10 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 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 RICHARD BERGKAMP, individually and on behalf of all others similarly situated, 15 Plaintiffs, 16 v. Case No. 2:17-cv-02533-KJM-CKD STIPULATION REGARDING PLAINTIFF’S FIRST AMENDED COMPLAINT AND DEFENDANT’S RESPONSE THERETO 17 18 19 WBM LLC d/b/a WBM INTERNATIONAL, and DOES 1-10, Inclusive, Defendants. 20 21 22 23 24 25 26 27 28 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 1 Plaintiff Richard Bergkamp (“Plaintiff”) and Defendant WBM LLC d/b/a WBM 2 International (“WBM”) (collectively, the “Parties”) hereby stipulate to and agree to permit 3 Plaintiff to file a First Amended Complaint on or before January 26, 2018 and to set the deadline 4 for WBM’s response thereto as February 9, 2018, as follows: 5 6 WHEREAS, on December 1, 2017, WBM timely removed Plaintiff’s Original Complaint to this Court. See Dkt. No. 1; 7 WHEREAS, WBM’s original responsive pleading deadline was set for December 8, 2017; 8 WHEREAS, pursuant to Local Rule 144(a), the Parties stipulated to a 28-day extension of 9 the time to respond to Plaintiff’s Original Complaint. See Dkt. No. 3; 10 WHEREAS, pursuant to this Court’s Standing Order requiring pre-filing meet and confer 11 prior to the filing of any motion, WBM’s counsel advised Plaintiff’s counsel of WBM’s intent to 12 move to dismiss Plaintiff’s Original Complaint, and Plaintiff’s counsel advised that Plaintiff was 13 contemplating filing a motion to remand this action to state court. Plaintiff’s motion to remand 14 was due January 2, 2018. See 28 U.S.C. § 1447(c); 15 WHEREAS, to provide an opportunity to complete meet and confer on the foregoing, the 16 Parties stipulated to continue WBM’s deadline to respond to Plaintiff’s Original Complaint for 17 two (2) weeks, to and including January 19, 2018, and further agreed to extend Plaintiff’s 18 deadline to file a motion to remand to and including January 8, 2018. See Dkt. No. 4; 19 WHEREAS, the Court granted the Parties stipulation, extending Plaintiff’s deadline to file 20 a motion to remand to January 8, 2018, and extending WBM’s deadline to respond to the Original 21 Complaint to January 19, 2018. See Dkt. No. 6; 22 23 24 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 25 First Amended Complaint, and that WBM would have no obligation to respond to Plaintiff’s 26 Original Complaint; 27 WHEREAS, the Parties further agreed to set Plaintiff’s deadline to file his First Amended 28 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 1 2 3 4 5 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. 6 THEREFORE, IT IS HEREBY STIPULATED by the Parties that: 7 (1) WBM has no obligation to respond to Plaintiff’s Original Complaint; 8 (2) The deadline for Plaintiff to file his First Amended Complaint is January 19, 2018; 9 (3) The deadline for WBM to respond to Plaintiff’s First Amended Complaint is 10 February 9, 2018. 11 12 IT IS SO STIPULATED. Dated: January 10, 2018 DRINKER BIDDLE & REATH LLP 13 By: /s/ Marshall L. Baker Michael J. Stortz Marshall L. Baker 14 15 Attorneys for Defendant WBM LLC d/b/a WBM INTERNATIONAL 16 17 18 Dated: January 10, 2018 BESHADA FARNESE LLP 19 By: /s/ Peter J. Farnese (authorized on 1/10/2018) Peter J. Farnese 20 21 Attorneys for Plaintiff RICHARD BERGKAMP 22 23 24 25 PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: January 16, 2018. 26 UNITED STATES DISTRICT JUDGE 27 28 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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