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)

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Case3:01-cv-02252-CRB Document779 Filed12/23/11 Page1 of 3 1 2 3 4 Brad Seligman (SBN 083838) Jocelyn D. Larkin (SBN 110817) THE IMPACT FUND 125 University Avenue Berkeley, CA 94710 Telephone: 510.845.3473 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: 202.408.4600 Facsimile: 202.408.4699 5 6 Attorneys for Plaintiffs 7 Theodore J. Boutrous, Jr. (SBN 132099) GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: 213.229.7000 Facsimile: 213.229.7520 TBoutrous@gibsondunn.com 8 9 10 11 Attorney for Defendant 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 SAN FRANCISCO DIVISION BETTY DUKES, PATRICIA SURGESON, EDITH ARANA, DEBORAH GUNTER, and CHRISTINE KWAPNOSKI, on behalf of themselves and all others similarly situated, 17 Plaintiffs, 18 v. 19 WAL-MART STORES, INC., 20 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. 21 22 The undersigned counsel, on behalf of Betty Dukes, Patricia Surgeson, Edith Arana, 23 Deborah Gunter, and Christine Kwapnoski (“Plaintiffs”) and Defendant Wal-Mart Stores, Inc. 24 (“Wal-Mart”), hereby stipulate and agree as follows: 25 26 27 28 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 -1- Case3:01-cv-02252-CRB Document779 Filed12/23/11 Page2 of 3 1 L.R. 6-1(a), to extend the time within which Wal-Mart must answer or otherwise respond to 2 Plaintiffs’ Fourth Amended Complaint and that a corresponding amount of additional time should 3 be provided to Plaintiffs to address any motion by Wal-Mart regarding Plaintiffs’ Fourth 4 Amended Complaint; 5 WHEREAS, Plaintiffs and Wal-Mart further agree that to avoid potentially redundant 6 motion practice, briefing, or responsive pleadings, any motion challenging the Fourth Amended 7 Complaint should be resolved by the Court prior to the filing of an Answer by Wal-Mart; 8 9 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; 10 WHEREAS, since that time, due to the press of the holidays on Wal-Mart’s retail business 11 and related commitments for the legal business, Wal-Mart has asked Plaintiffs to modify the 12 briefing schedule, and they have consented, subject to this Court’s approval, see Declaration of 13 Rachel S. Brass in Support of Stipulation of Revised Briefing Schedule for Defendant Wal-Mart 14 Stores, Inc. to Respond to Fourth Amended Complaint; 15 WHEREAS, the stipulated changes to the briefing schedule, described below, do not alter 16 the date by which any reply brief by Wal-Mart shall be filed, such that all briefing shall be 17 completed by the same date as was previously ordered by the Court, see Docket No. 769; 18 THEREFORE, Plaintiffs and Wal-Mart stipulate and agree as follows: 19 1. 20 The deadline by which Wal-Mart must answer or otherwise respond to Plaintiffs’ Fourth Amended Complaint is extended to January 13, 2012; 21 2. Should Wal-Mart move against the Fourth Amended Complaint within the time 22 period specified in paragraph 4, an opposition to any such motion shall be filed no later than 23 March 23, 2012; 24 3. 25 April 13, 2012; 26 /// 27 /// 28 The date for the filing of a reply, if one is to be filed, shall remain unchanged as /// 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 -2- Case3:01-cv-02252-CRB Document779 Filed12/23/11 Page3 of 3 1 4. Should Wal-Mart move against the Fourth Amended Complaint, any answer to 2 that Fourth Amended Complaint shall be filed within thirty (30) days following the entry of an 3 order resolving Wal-Mart’s motion. 4 IT IS SO STIPULATED. 5 Dated: December 23, 2011 6 By: 7 10 Brad Seligman (SBN 083838) Jocelyn D. Larkin (SBN 110817) THE IMPACT FUND 125 University Avenue Berkeley, CA 94710 Telephone: 510.845.3473 Facsimile: 510.845.3654 Theodore J. Boutrous, Jr. (SBN 132099) GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: 213.229.7000 Facsimile: 213.229.7520 11 Attorneys for Plaintiffs Attorney for Defendant 8 9 /s/ Brad Seligman _ 12 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. 13 14 20 ___________________________ UNITED STATES DISTRICT JUDGE D RE CHARLES R. BREYER O ORDE SS I IT 21 LI ER er R. Brey A H 24 RT 23 NO 22 harles Judge C R NIA 19 S DISTRICT TE C TA RT U O 18 DATE: January 3, 2012 FO 17 PURSUANT TO STIPULATION, IT IS SO ORDERED S 16 UNIT ED 15 N F D IS T IC T O R C 25 26 27 28 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 -3-

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