Alger v. FCA US LLC

Filing 12

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 4/10/2018 EXTENDING Time as follows: (1) Plaintiff shall file its SAC no later than 4/23/2018; (2) Defendant shall file its Answer or Motion to Dismiss in response to Plai ntiff's SAC no later than 5/14/2018; (3) If Defendant files a Motion to Dismiss Plaintiff's SAC, Plaintiff's Opposition shall be filed no later than 6/4/2018; (4) Any Reply in support of Defendant's Motion to Dismiss Plaintiff's SAC shall be filed no later than 6/18/2018; (5) The hearing date for any Motion to Dismiss Plaintiff's SAC filed by the Defendant will be set for 6/25/2018. (York, M)

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DYKEMA GOSSETT LLP
James P. Feeney (219045)
[e-mail]
Dommond E. Lonnie (142662)
[e-mail]
Abirami Gnanadesigan (263375)
[e-mail]
333 South Grand Avenue
Suite 2100
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FCA US LLC f/k/a CHRYSLER GROUP LLC

333 S SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
SHAWN ALGER as an individual and on behalf

Case No. 2:18-cv-00360-MCE-EFB

14 of all others similarly situated,
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Assigned to
Hon. Morrison C. England, Jr.

Plaintiff,
vs.

Courtroom: Courtroom 7, 14th floor

17 FCA US LLC f/k/a CHRYSLER GROUP LLC, a
Delaware Corporation, and DOES 1 through 100,
18 inclusive ,

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Defendants.

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STIPULATION AND APPLICATION FOR
EXTENSION OF TIME RE FILING
PLAINTIFF’S SECOND AMENDED
COMPLAINT AND SETTING A
BRIEFING SCHEDULE ON ANY
MOTION TO DISMISS IN RESPONSE
Complaint Filed: February 15, 2018
Trial Date: TBD

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STIPULATION AND APPLICATION FOR EXTENSION OF TIME RE FILING OF SAC AND SETTING A BRIEFING SCHEDULE
CASE NO. 2:18-CV-00360-MCE-EFB

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Plaintiff SHAWN ALGER, AS AN INDIVIDUAL AND ON BEHALF OF ALL OTHERS

2 SIMILARLY SITUATED (“Plaintiff”) and Defendant FCA US LLC, formerly known as
3 CHRYSLER GROUP, LLC (“Defendant”) (collectively the “Parties”), by and through their
4 attorneys of record in this case, hereby stipulate and request that the Court approve the filing of a
5 Second Amended Complaint (“SAC”), and a briefing schedule for Defendant’s Motion to Dismiss
6 the SAC, if any.
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This stipulation and application for extension of time is based on the following facts:

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WHEREAS, Plaintiff filed this action on or about February 15, 2018;

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WHEREAS, Plaintiff filed a First Amended Complaint (“FAC”) in this action on or about

333 S SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

10 February 16, 2018;
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WHEREAS, pursuant to Local Rule 144(a), the Parties stipulated to a twenty-eight (28) day

12 extension of Defendant’s time to respond to the FAC up to and including April 10, 2018;
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WHEREAS, the Parties met and conferred on April 5, 2018 and April 6, 2018 regarding

14 Plaintiff’s CLRA claims contained in the FAC;
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WHEREAS, the Parties agree that, subject to Court approval, there is good cause and

16 efficiencies may be achieved for the parties and the Court by filing a SAC that addresses issues
17 raised as part of the parties’ meet and confer efforts. The parties also stipulate, agree and request
18 the following deadline for answering the SAC in the event Defendant does not to file a Motion to
19 Dismiss Plaintiff’s SAC or, in the alternative, a briefing schedule in the event Defendant files a
20 Motion to Dismiss Plaintiff’s SAC.
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NOW, THEREFORE, the Parties stipulate as follows:

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1.

Plaintiff shall file its SAC no later than April 23, 2018.

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2.

Defendant shall file its Answer or Motion to Dismiss in response to Plaintiff’s SAC

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no later than May 14, 2018.
3.

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If Defendant files a Motion to Dismiss Plaintiff’s SAC, Plaintiff’s Opposition shall
be filed no later than June 4, 2018.

4.

Any Reply in support of Defendant’s Motion to Dismiss Plaintiff’s SAC shall be
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STIPULATION AND APPLICATION FOR EXTENSION OF TIME RE FILING OF SAC AND SETTING A BRIEFING SCHEDULE
CASE NO. 2:18-CV-00360-MCE-EFB

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filed no later than June 18, 2018.
5.

The hearing date for any Motion to Dismiss Plaintiff’s SAC filed by the Defendant
will be set for June 25, 2018.

Dated: April 9, 2018

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DYKEMA GOSSETT LLP
James P. Feeney
Dommond E. Lonnie
Abirami Gnanadesigan

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By: /s/ Dommond E. Lonnie

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James P. Feeney
Dommond E. Lonnie
Abirami Gnanadesigan
Attorneys for Defendant
FCA US LLC f/k/a CHRYSLER GROUP

333 S SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

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Dated: April 9, 2018

KERSHAW, COOK & TALLEY PC
William A. Kershaw
Stuart C. Talley
Ian J. Barlow

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By: /s/ Ian J. Barlow

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(As authorized on April 9, 2018)
William A. Kershaw
Stuart C. Talley
Ian J. Barlow
Attorneys for PLAINTIFF AND THE
PUTATIVE CLASS

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STIPULATION AND APPLICATION FOR EXTENSION OF TIME RE FILING OF SAC AND SETTING A BRIEFING SCHEDULE
CASE NO. 2:18-CV-00360-MCE-EFB

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ORDER
The Court, having considered the Stipulation and Application for Extension of Time
submitted herewith, and good cause appearing, hereby enters the following order:
1.

Plaintiff shall file its SAC no later than April 23, 2018.

2.

Defendant shall file its Answer or Motion to Dismiss in response to Plaintiff’s SAC

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no later than May 14, 2018.
3.

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333 S SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

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be filed no later than June 4, 2018.
4.

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If Defendant files a Motion to Dismiss Plaintiff’s SAC, Plaintiff’s Opposition shall

Any Reply in support of Defendant’s Motion to Dismiss Plaintiff’s SAC shall be
filed no later than June 18, 2018.

5.

The hearing date for any Motion to Dismiss Plaintiff’s SAC filed by the Defendant
will be set for June 25, 2018.

IT IS SO ORDERED.

Dated: April 10, 2018

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STIPULATION AND APPLICATION FOR EXTENSION OF TIME RE FILING OF SAC AND SETTING A BRIEFING SCHEDULE
CASE NO. 2:18-CV-00360-MCE-EFB