Dukes et al v. Wal-Mart Stores, Inc.

Filing 780

ORDER re revised briefing schedule re # 779 Stipulation, filed by Wal-Mart Stores, Inc. Answer to 4th amended complaint due 01/13/2012.. Signed by Judge Charles R. Breyer on 1/3/2012. (beS, COURT STAFF) (Filed on 1/3/2012)

Case3:01-cv-02252-CRB Document779 Filed12/23/11 Page1 of 3

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Brad Seligman (SBN 083838)
Jocelyn D. Larkin (SBN 110817)
THE IMPACT FUND
125 University Avenue
Berkeley, CA 94710
Telephone: [phone]
Facsimile: 510.845.3654

Joseph M. Sellers
Christine E. Webber
Jenny R. Yang
COHEN MILSTEIN SELLERS & TOLL
PLLC
West Tower, Suite 500
1100 New York Avenue
Washington, DC 20005
Telephone: [phone]
Facsimile: 202.408.4699

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Attorneys for Plaintiffs

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Theodore J. Boutrous, Jr. (SBN 132099)
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213.229.7520
[e-mail]

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Attorney for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
BETTY DUKES, PATRICIA SURGESON, EDITH ARANA,
DEBORAH GUNTER, and CHRISTINE KWAPNOSKI, on
behalf of themselves and all others similarly situated,

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Plaintiffs,

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v.

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WAL-MART STORES, INC.,

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Case No. 01-cv-2252-CRB
STIPULATION OF REVISED
BRIEFING SCHEDULE FOR
DEFENDANT WAL-MART
STORES, INC. TO
RESPOND TO FOURTH
AMENDED COMPLAINT
AND [PROPOSED] ORDER

Defendant.

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The undersigned counsel, on behalf of Betty Dukes, Patricia Surgeson, Edith Arana,

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Deborah Gunter, and Christine Kwapnoski (“Plaintiffs”) and Defendant Wal-Mart Stores, Inc.

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(“Wal-Mart”), hereby stipulate and agree as follows:

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WHEREAS, Plaintiffs filed a Fourth Amended Complaint in the above-captioned case
against Wal-Mart on October 27, 2011;
WHEREAS, Plaintiffs and Wal-Mart previously reached an agreement, pursuant to Civil
STIPULATION OF REVISED BRIEFING SCHEDULE FOR DEFENDANT WAL-MART
STORES, INC. TO RESPOND TO FOURTH AMENDED COMPLAINT AND [PROPOSED]
ORDER, CASE NO. 01-CV-2252-CRB

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Case3:01-cv-02252-CRB Document779 Filed12/23/11 Page2 of 3

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L.R. 6-1(a), to extend the time within which Wal-Mart must answer or otherwise respond to

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Plaintiffs’ Fourth Amended Complaint and that a corresponding amount of additional time should

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be provided to Plaintiffs to address any motion by Wal-Mart regarding Plaintiffs’ Fourth

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Amended Complaint;

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WHEREAS, Plaintiffs and Wal-Mart further agree that to avoid potentially redundant

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motion practice, briefing, or responsive pleadings, any motion challenging the Fourth Amended

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Complaint should be resolved by the Court prior to the filing of an Answer by Wal-Mart;

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WHEREAS, this Court previously extended the dates for filing of a motion to dismiss the
Fourth Amended Complaint by stipulation and order, Docket No. 769;

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WHEREAS, since that time, due to the press of the holidays on Wal-Mart’s retail business

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and related commitments for the legal business, Wal-Mart has asked Plaintiffs to modify the

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briefing schedule, and they have consented, subject to this Court’s approval, see Declaration of

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Rachel S. Brass in Support of Stipulation of Revised Briefing Schedule for Defendant Wal-Mart

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Stores, Inc. to Respond to Fourth Amended Complaint;

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WHEREAS, the stipulated changes to the briefing schedule, described below, do not alter

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the date by which any reply brief by Wal-Mart shall be filed, such that all briefing shall be

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completed by the same date as was previously ordered by the Court, see Docket No. 769;

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THEREFORE, Plaintiffs and Wal-Mart stipulate and agree as follows:

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The deadline by which Wal-Mart must answer or otherwise respond to Plaintiffs’

Fourth Amended Complaint is extended to January 13, 2012;

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2.

Should Wal-Mart move against the Fourth Amended Complaint within the time

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period specified in paragraph 4, an opposition to any such motion shall be filed no later than

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March 23, 2012;

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3.

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April 13, 2012;

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///

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///

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The date for the filing of a reply, if one is to be filed, shall remain unchanged as

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STIPULATION OF REVISED BRIEFING SCHEDULE FOR DEFENDANT WAL-MART
STORES, INC. TO RESPOND TO FOURTH AMENDED COMPLAINT AND [PROPOSED]
ORDER, CASE NO. 01-CV-2252-CRB

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Case3:01-cv-02252-CRB Document779 Filed12/23/11 Page3 of 3

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4.

Should Wal-Mart move against the Fourth Amended Complaint, any answer to

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that Fourth Amended Complaint shall be filed within thirty (30) days following the entry of an

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order resolving Wal-Mart’s motion.

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IT IS SO STIPULATED.

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Dated: December 23, 2011

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By:

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Brad Seligman (SBN 083838)
Jocelyn D. Larkin (SBN 110817)
THE IMPACT FUND
125 University Avenue
Berkeley, CA 94710
Telephone: [phone]
Facsimile: 510.845.3654

Theodore J. Boutrous, Jr. (SBN 132099)
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213.229.7520

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Attorneys for Plaintiffs

Attorney for Defendant

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/s/ Brad Seligman

_

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By:

/s/ Theodore J. Boutrous, Jr.

I, Theodore J. Boutrous, Jr., attest that
concurrence in the filing of this document
has been obtained from the other signatory.

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___________________________
UNITED STATES DISTRICT JUDGE D
RE
CHARLES R. BREYER O ORDE
SS
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R. Brey

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harles
Judge C

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DATE: January 3, 2012

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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UNIT
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N

F
D IS T IC T O
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STIPULATION OF REVISED BRIEFING SCHEDULE FOR DEFENDANT WAL-MART
STORES, INC. TO RESPOND TO FOURTH AMENDED COMPLAINT AND [PROPOSED]
ORDER, CASE NO. 01-CV-2252-CRB

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