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

Filing 788

ORDER re # 786 STIPULATION Regarding Filing of Supplemental Memorandum in Support of Wal-Mart's Motion to Dismiss Fourth Amended Complaint filed by Wal-Mart Stores, Inc.. Reset Deadlines as to # 781 MOTION to Dismiss Fourth Amended Complaint. Responses due by 3/30/2012. Replies due by 4/13/2012. Motion Hearing reset for 5/7/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 3/23/2012. (beS, COURT STAFF) (Filed on 3/23/2012)

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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

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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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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

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

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STIPULATION AND ORDER
REGARDING FILING OF
SUPPLEMENTAL MEMORANDUM IN
SUPPORT OF WAL-MART’S MOTION
TO DISMISS FOURTH AMENDED
COMPLAINT

Plaintiffs,

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CASE NO.: C 01-2252-CRB

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

v.
WAL-MART STORES, INC.,
Defendant.

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

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

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Mart”), hereby stipulate and agree as follows:

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WHEREAS, on January 3, 2012, pursuant to a stipulation of the parties, this Court established

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a briefing schedule on Wal-Mart’s Motion to Dismiss the Fourth Amended Complaint, see Dkt. 780;

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WHEREAS, on January 13, 2012, Wal-Mart filed its Motion to Dismiss the Fourth Amended

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Complaint and a Memorandum of Points and Authorities in Support Thereof, see Dkt. 781;
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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF SUPPLEMENTAL MEMORANDUM IN SUPPORT OF WALMART’S MOTION TO DISMISS FOURTH AMENDED COMPLAINT
CASE NO.: C 01-2252-CRB

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WHEREAS, Wal-Mart wishes to file a supplemental memorandum in support of its motion to

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dismiss, not to exceed five pages, to assert an argument regarding the timeliness of the plaintiffs’

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class allegations;

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WHEREAS, Wal-Mart has agreed that Named Plaintiffs may have an additional five pages

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and seven days in which to respond to all of the arguments made in support of Wal-Mart’s motion to

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dismiss;

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WHEREAS, counsel for Named Plaintiffs have agreed to Wal-Mart’s proposal and consented
to the filing of the supplemental memorandum on the terms stated; and

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

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

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the same date as was previously ordered by the Court, see Dkt. 769, 780;

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

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1.

Wal-Mart may file a Supplemental Memorandum of Points and Authorities in Support

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of its Motion to Dismiss the Fourth Amended Complaint no later than March 21, 2012 that shall not

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exceed 5 pages;

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2.

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Named Plaintiffs’ response to Wal-Mart’s Motion to Dismiss the Fourth Amended

Complaint shall be filed no later than March 30, 2012 and shall not exceed 50 pages;

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3.

The deadline for the filing of Wal-Mart’s reply, if one is to be filed, shall remain

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unchanged as April 13, 2012;

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF SUPPLEMENTAL MEMORANDUM IN SUPPORT OF WALMART’S MOTION TO DISMISS FOURTH AMENDED COMPLAINT
CASE NO.: C 01-2252-CRB

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4.

The hearing date set for Wal-Mart’s Motion to Dismiss shall be May 7, 2012 at

10:00 a.m..

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IT IS SO STIPULATED.

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Dated: March 21, 2012

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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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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATE:

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___________________________

RT

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harles
Judge C

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ER

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er

R. Brey

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R NIA

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O ORD

IT IS S

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UNITED STATES DISTRICT JUDGE
CHARLES R. BREYER ERED

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UNIT
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MARCH 23, 2012

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF SUPPLEMENTAL MEMORANDUM IN SUPPORT OF WALMART’S MOTION TO DISMISS FOURTH AMENDED COMPLAINT
CASE NO.: C 01-2252-CRB