King v. Hard Rock Cafe Int'l (USA), Inc.

Filing 13

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 05/07/24 SETTING Plaintiff's Opposition to 10 Motion to Dismiss due on or before 05/29/24 and Defendant's reply due on or before 06/12/24. (Licea Chavez, V)

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1 2 3 4 5 6 BURSOR & FISHER, P.A. L. Timothy Fisher (State Bar No. 191626) Brittany S. Scott (State Bar No. 327132) 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com bscott@bursor.com 7 Attorneys for Plaintiff 8 Additional Counsel on signature page 9 UNITED STATES DISTRICT COURT 10 11 12 EASTERN DISTRICT OF CALIFORNIA CHRISTINA KING, individually and on behalf of all others similarly situated, 13 14 Plaintiff, v. 15 16 17 HARD ROCK CAFE INTERNATIONAL (USA), INC., Defendant. 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER CASE NO. 2:24-CV-01119-KJM-CKD Case No. 2:24-cv-01119-KJM-CKD STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS STIPULATION 1 2 Plaintiff Christina King (“Plaintiff”) and Defendant Hard Rock Café International (USA). 3 Inc. (“Defendant”) (collectively, the “Parties”) by and through their respective counsel, hereby 4 stipulate to the below briefing schedule for Defendant’s Motion to Dismiss (ECF No. 10). The 5 Parties agree and stipulate as follows: 6 7 8 9 10 11 WHEREAS, on March 4, 2024, Plaintiff commenced a putative class action against Defendant in the Superior Court of California, County of Sacramento, Case No. 24CV004071. WHEREAS, on April 12, 2024, Defendant removed the case to the United States District Court for the Eastern District of California (ECF No. 1); WHEREAS, on April 29, 2024, Defendant filed a Motion to Dismiss Plaintiff’s Class Action Complaint (ECF No. 10)(the “Motion”); 12 WHEREAS, Plaintiff’s opposition to the Motion is due on May 13, 2024; 13 WHEREAS, Defendant’s reply in support of its Motion is due on May 23, 2024; 14 WHEREAS, the hearing on the Motion is set for July 12, 2024 at 10:00 a.m.; 15 WHEREAS, the Parties met and conferred and agreed to the following briefing schedule: 16 1. 2024; and 17 18 19 20 21 22 Plaintiff’s opposition to the Motion shall be due on, or before, May 29, 2. Defendant’s reply in support of the Motion shall be due on, or before, June 12, 2024; WHEREAS, the briefing schedule shall not alter the date for the hearing on Defendant’s MTD or otherwise effect any dates set by this Court; IT IS HEREBY STIPULATED by and between the Parties that: 23 1. Plaintiff’s opposition to the MTD shall be due on, or before, May 29, 2024; and 24 2. Defendant’s reply in support of its MTD shall be due on, or before, June 12, 25 2024. 26 27 28 STIPULATION AND ORDER CASE NO. 2:24-CV-01119-KJM-CKD 1 1 Dated: May 7, 2024 2 Respectfully submitted, BURSOR & FISHER, P.A. 3 By: 4 5 L. Timothy Fisher (State Bar No. 191626) Brittany S. Scott (State Bar No. 327132) 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com bscott@bursor.com 6 7 8 9 10 Attorneys for Plaintiff 11 12 /s/ Brittany S. Scott Brittany S. Scott Dated: May 7, 2024 13 O’MELVENY & MYERS LLP By: /s/ Scott W. Pink (as authorized 4/30/2024) Scott W. Pink 2765 Sand Hill Road Menlo Park, CA 94025 Telephone: +1 650-473-2600 Facsimile: +1 650-473-2601 E-Mail: spink@omm.com 14 15 16 17 Attorneys for Defendant 18 19 ORDER 20 21 IT IS HEREBY ORDERED: 22 1. Plaintiff’s opposition to the MTD IS due on, or before, May 29, 2024; and 23 2. Defendant’s reply in support of its MTD IS due on, or before, June 12, 2024. 24 DATED: May 7, 2024. 25 26 27 28 STIPULATION AND ORDER CASE NO. 2:24-CV-01119-KJM-CKD 2

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