Pickard v. Save Mart Supermarkets

Filing 24

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/30/2021 GRANTING Save Mart, the UFCW Group Administration LLC, and UCBT until 21 days after the completion of VDRP to answer or otherwise respond to the First Amended Complaint. (Coll, A)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
2
Including Professional Corporations
BROOKE S. PURCELL, Cal. Bar No. 260058
3 [e-mail]
RACHEL J. MOROSKI, Cal. Bar No. 286805
4 [e-mail]
Four Embarcadero Center, 17th Floor
5 San Francisco, California 94111-4109
Telephone:
415.434.9100
6 Facsimile:
415.434.3947
7 Attorneys for Defendant
SAVE MART SUPERMARKETS
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PERKINS ASBILL, A Professional Law Corporation
9 ROBIN K. PERKINS, Cal. Bar No. 131252
[e-mail]
10 NATALIA D. ASBILL-BEAROR, Cal. Bar No. 281860
[e-mail]
11 300 Capitol Mall, Suite 1800
Sacramento, California 95814
12 Telephone:
916.446.2000
Facsimile:
916.447.6400
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Attorneys for Plaintiff
14 BRIAN PICKARD
15 (Additional Counsel on next page)
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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20 BRIAN PICKARD,

Case No. 2:20-CV-00280-KJM-EFB

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JOINT STIPULATION TO EXTEND
RESPONSIVE PLEADING DEADLINE
(L.R. 144(a))

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Plaintiff,
v.

23 SAVE MART SUPERMARKETS dba FOOD
MAXX #471,
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Defendant.
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Complaint Filed: February 6, 2020
First Amended Complaint Filed: February 26,
2021

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Case No. 2:20-CV-00280-KJM-EFB
JOINT STIPULATION TO EXTEND
RESPONSIVE PLEADING DEADLINE

1 MCCRACKEN, STEMERMAN & HOLSBERRY, LLP
KIMBERLY A. HANCOCK, Cal. Bar No. 205567
2 [e-mail]
SARAH GROSSMAN-SWENSON, Cal. Bar No. 259792
3 [e-mail]
A. MIRELLA NIETO, Cal. Bar No. 300562

4 [e-mail]
595 Market Street, Suite 800
5 San Francisco, CA 94105
Telephone:
415.597.7200
6 Fax:
415.597.7201
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Attorneys for Defendant
8 UFCW EMPLOYERS BENEFIT PLAN OF NORTHERN
CALIFORNIA GROUP ADMINISTRATION, LLC and
9 JACQUES LOVEALL
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Case No. 2:20-CV-00280-KJM-EFB
JOINT STIPULATION TO EXTEND
RESPONSIVE PLEADING DEADLINE

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Defendants Save Mart Supermarkets (“Save Mart”), the UFCW Employers Benefit Plan of

2 Northern California Group Administration LLC (the “UFCW Group Administration LLC”),
3 Jacques Loveall, as Trustee and on behalf of UFCW Comprehensive Benefits Trust (erroneously
4 sued as “Jacques Loveall, as Trustee of UFCW Employers Benefit Plan”) (“UCBT”), and Plaintiff
5 Brian Pickard (“Plaintiff”) (collectively, the “Parties”) by and through their respective counsel of
6 record, hereby stipulate and agree as follows:
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WHEREAS, the initial Complaint in this action was filed on February 6, 2020 (Docket No.

8 1);
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WHEREAS, Save Mart answered the initial Complaint on March 13, 2020 (Docket No. 7);
WHEREAS, on February 26, 2021, Plaintiff filed the First Amended Complaint (“FAC”)

11 naming the UFCW Group Administration LLC and UCBT and adding additional claims for relief
12 against them (Docket No. 19);
13

WHEREAS, pursuant to the Court’s Order dated February 22, 2021 (Docket No. 18),

14 which granted the stipulation jointly filed by Plaintiff and Save Mart on February 11, 2021
15 (Docket No. 17), Save Mart’s current deadline to answer or otherwise respond to the FAC is
16 March 29, 2021;
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WHEREAS, pursuant to the waivers of service entered into among Plaintiff, the UFCW

18 Group Administration LLC, and UCBT on March 15, 2021 (Docket Nos. 21-22), the current
19 deadline for the UFCW Trust and Mr. Loveall to answer or otherwise respond to the FAC is May
20 10, 2021;
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WHEREAS, the Parties have agreed to participate in the Court’s Voluntary Dispute

22 Resolution Program (“VDRP”);
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WHEREAS, on March 24, 2021, Plaintiff, the UFCW Group Administration LLC, and

24 UCBT stipulated to extend deadline for the UFCW Group Administration LLC and UCBT to
25 answer or otherwise respond to the FAC to allow the Parties to participate in the VDRP without
26 having to unnecessarily expend resources on a responsive pleading and potential motion practice;
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WHEREAS, on March 25, 2021, Plaintiff and Save Mart stipulated to extend the deadline

28 for Save Mart to answer or otherwise respond to the FAC to allow the Parties to participate in the
-2SMRH:4836-4612-8867.1

Case No. 2:20-CV-00280-KJM-EFB
JOINT STIPULATION TO EXTEND
RESPONSIVE PLEADING DEADLINE

1 VDRP without having to unnecessarily expend resources on a responsive pleading and potential
2 motion practice;
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WHEREAS, good cause exists to extend the responsive pleading deadlines for Save Mart,

4 the UFCW Group Administration LLC, and UCBT to a date twenty-one (21) days after the
5 completion of the VDRP, so as to minimize fees and costs and ensure judicial economy;
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WHEREAS, Save Mart, the UFCW Group Administration LLC, and UCBT reserve all

7 jurisdictional and other defenses in this matter;
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WHEREAS, Plaintiff reserves all rights with respect to his claims, including those pleaded

9 as to Save Mart, the UFCW Group Administration LLC, and UCBT; and
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through

11 their respective counsel of record, that the deadline for Save Mart, the UFCW Group
12 Administration LLC, and UCBT to file an answer or otherwise respond to the FAC shall be
13 extended as follows:
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Current response deadline: March 29, 2021 (Save Mart) and May 10, 2021 (UFCW Group

15 Administration LLC and UCBT).
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New response deadline: twenty-one (21) days after the completion of VDRP.

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18 Dated: March 29, 2021

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By:

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/s/ Brooke S. Purcell
BROOKE S. PURCELL
RACHEL J. MOROSKI

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Attorneys for Defendant
SAVE MART SUPERMARKETS

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Case No. 2:20-CV-00280-KJM-EFB
JOINT STIPULATION TO EXTEND
RESPONSIVE PLEADING DEADLINE

1 Dated: March 29, 2021

PERKINS ASBILL, A Professional Law Corporation

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By:

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/s/ Robin K. Perkins (as authorized on 03/29/21)
ROBIN K. PERKINS
NATALIA D. ASBILL-BEAROR

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Attorneys for Plaintiff
BRIAN PICKARD

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7 Dated: March 29, 2021

MCCRACKEN, STEMERMAN & HOLSBERRY, LLP

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By: /s/ Kimberly A. Hancock (as authorized on 03/29/21)
KIMBERLY A. HANCOCK

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Attorneys for Defendant
UFCW EMPLOYERS BENEFIT PLAN OF
NORTHERN CALIFORNIA GROUP
ADMINISTRATION, LLC and JACQUES
LOVEALL, AS TRUSTEE AND ON BEHALF OF
UFCW COMPREHENSIVE BENEFITS TRUST

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Case No. 2:20-CV-00280-KJM-EFB
JOINT STIPULATION TO EXTEND
RESPONSIVE PLEADING DEADLINE

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ORDER
Pursuant to the Stipulation filed by the Parties, the deadline for Save Mart, the UFCW

3 Group Administration LLC, and UCBT to answer or otherwise respond to the First Amended
4 Complaint shall be extended to a date twenty-one (21) days after the completion of VDRP.
5

IT IS SO ORDERED.

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7 DATED: March 30, 2021.
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-3SMRH:4836-4612-8867.1

Case No. 2:20-CV-00280-KJM-EFB
JOINT STIPULATION TO EXTEND
RESPONSIVE PLEADING DEADLINE