Nuts for Candy v. Ganz, Inc. et al

Filing 75

AMENDED ORDER GRANTING(45 in M:08-cv-01987-JSW) Stipulation TO MODIFY BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS COUNT I OF THE CONSOLIDATED COMPLAINT AND MOTION TO DROP CLAIMS AND PARTIES PURSUANT TO FEDERAL RULE 21. Signed by Judge Jeffrey S. White on 4/30/09. (jjo, COURT STAFF) (Filed on 5/1/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

STEVEN N. WILLIAMS (#175489) [e-mail] MATTHEW K. EDLING (#250940) [e-mail] COTCHETT, PITRE & McCARTHY 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Facsimile: [phone] Interim Lead Counsel for Plaintiffs BRUCE O. BAUMGARTNER (#0025701) (Pro Hac Vice) [e-mail] ROBIN E. HARVEY (#0014183) (Pro Hac Vice) [e-mail] BAKER & HOSTETLER LLP 312 Walnut St., Suite 3200 Cincinnati OH 45202-4072 Telephone: [phone] Facsimile: [phone] LEE H. SIMOWITZ (#185728) (Pro Hac Vice) [e-mail] BAKER & HOSTETLER LLP 1050 Connecticut Ave., NW, Ste. 1100 Washington, D.C. 20036-5304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants GANZ, INC. and GANZ U.S.A., LLC LISA I. CARTEEN (#204764) [e-mail] BAKER & HOSTETLER LLP 12100 Wilshire Blvd., 15th Floor Los Angeles CA 90025-7120 Telephone: [phone] Facsimile: [phone]

18 19 20 21 22 23 24 25 26 27

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) THIS DOCUMENT RELATES TO ALL ) ACTIONS ) ) ) ) ) IN RE: WEBKINZ ANTITRUST LITIGATION Case No. M:08-CV-01987 JSW (WDB) MDL No. 1987 AMENDED STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS COUNT I OF THE CONSOLIDATED COMPLAINT AND MOTION TO DROP CLAIMS AND PARTIES PURSUANT TO FEDERAL RULE 21

v
L A W O F F IC E S

28
S T I P U L A T I O N AND [PROPOSED] ORDER TO M O D I F Y BRIEFING SCHEDULE ON DEFENDANTS' M O T I O N TO DISM I S S COUNT I OF THE CONSOLIDATED COM P L A I N T AND M O T I O N TO DROP C L A I M S AND PARTIES PURSUANT TO FEDERAL RULE 21

COTCHETT, PITRE & MCCARTHY

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

The Court's April 28, 2009 Order requires that any opposition to Defendants Ganz, Inc.'s and Ganz U.S.A. LLC's Motion to Dismiss Count One of the Consolidated Complaint ("Motion to Dismiss") be filed no later than May 12, 2009 and a reply brief to be filed no later than May 19, 2009. (Doc. No. 44). This Order did not set a briefing schedule for Defendants' Motion In Response to Consolidated Complaint To Drop Claims and Parties Pursuant to Federal Rule 21, which Defendants filed with their Motion to Dismiss in response to the Consolidated Complaint (Doc. No. 43). WHEREAS, on March 9, 2009, this Court previously ordered that Defendants' file any response to the Consolidated Complaint no later than forty-five days from the date of Plaintiffs' Consolidated Complaint (Doc. No. 30). WHEREAS, on April 27, 2009, Defendants timely filed the following two motions in response to Plaintiffs' Consolidated Complaint: (1) Motion to Dismiss Count One of Plaintiffs' Consolidated Complaint; and (2) Motion In Response to Consolidated Complaint To Drop Claims and Parties Pursuant to Federal Rule 21 (collectively, "Defendants' Motions"). (Doc. Nos. 42 and 43, respectively). The hearing on Defendants' Motions is currently set for June 12, 2009. WHEREAS, this Court's March 9, 2009 Scheduling Order stated that Plaintiffs' Opposition to Defendants' response to the Amended Complaint be filed "no later than thirty days after Defendants' motion(s) is filed" (May 27, 2009). The Order further provided that any Reply papers be filed "no later than fifteen days after the filing of Plaintiffs' Opposition" (June 11, 2009). (Doc. No. 30). WHEREAS, the issues raised by Defendants' Motions are complex and the time frames established in the Court's original scheduling order will facilitate thorough briefing of the issues presented by Defendants' Motions. WHEREAS, the parties agree that the hearing on Defendants' Motion should be postponed to July 17, 2009. This short continuance would allow the parties to thoroughly brief the issues presented by Defendants' Motions and give the Court the equivalent time under the current briefing schedule to consider the parties' papers.
S T I P U L A T I O N AND [PROPOSED] ORDER TO M O D I F Y BRIEFING SCHEDULE ON DEFENDANTS' M O T I O N TO DISM I S S COUNT I OF THE CONSOLIDATED COM P L A I N T AND M O T I O N TO DROP C L A I M S AND PARTIES PURSUANT TO FEDERAL RULE 21

v
L A W O F F IC E S

28

COTCHETT, PITRE & MCCARTHY

1

1 2 3 4 5 6 7 8 9 10 11

IT IS THEREFORE STIPULATED, CONSENTED TO AND AGREED that Plaintiffs' Opposition to Defendants' Motion to Dismiss Count One of Plaintiffs' Consolidated Complaint shall be filed no later than May 27, 2009. Plaintiffs' Opposition to Defendants' Motion In Response to Consolidated Complaint To Drop Claims and Parties Pursuant to Federal Rule 21 shall be filed no later than May 27, 2009. Defendants' Reply Briefs shall be filed no later than June 11, 2009. The hearing on Defendants' Motions is continued to July 17, 2009. August 7, 2009 at 9:00 a.m. Dated: April 29, 2009 COTCHETT, PITRE & McCARTHY MATTHEW K. EDLING /s/ Matthew K. Edling Matthew K. Edling Attorneys for Plaintiffs Dated: April 29, 2009 BAKER & HOSTETLER LLP LISA I. CARTEEN BRUCE O. BAUMGARTNER ROBIN E. HARVEY LEE H. SIMOWITZ /s/ Lisa I. Carteen (with permission) Lisa I. Carteen Attorneys for Defendants GANZ, INC. and GANZ U.S.A., LLC

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

PURSUANT TO STIPULATION, IT IS SO ORDERED.

April 30, 2009 Dated: ______________

____________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE

v
L A W O F F IC E S

28
S T I P U L A T I O N AND [PROPOSED] ORDER TO M O D I F Y BRIEFING SCHEDULE ON DEFENDANTS' M O T I O N TO DISM I S S COUNT I OF THE CONSOLIDATED COM P L A I N T AND M O T I O N TO DROP C L A I M S AND PARTIES PURSUANT TO FEDERAL RULE 21

COTCHETT, PITRE & MCCARTHY

2