Nuts for Candy v. Ganz, Inc. et al

Filing 84

ORDER re (91 in M:08-cv-01987-JSW) GRANTING Modified Stipulation to Continue Case Management Conference. Signed by Judge Jeffrey S. White on February 26, 2010. (jswlc2, COURT STAFF) (Filed on 2/26/2010)

CaseM:08-cv-01987-JSW Document91

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STEVEN N. WILLIAMS (CA #175489) [e-mail] MATTHEW K. EDLING (CA #250940) [e-mail] COTCHETT, PITRE & McCARTHY San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, California 94010 Telephone: [phone] Fax: [phone] Interim Lead Counsel for Plaintiffs LISA I. CARTEEN, Bar No. 204764 BAKER & HOSTETLER LLP 12100 Wilshire Boulevard, 15th Floor Los Angeles, California 90025-7120 Telephone: [phone] Facsimile: 310.820.8859 Email: [e-mail] LEE H. SIMOWITZ, Bar No. 185728 (Pro Hac Vice) BAKER & HOSTETLER LLP 1050 Connecticut Avenue, NW, Suite 1100 Washington, DC 20036-5304 Telephone: [phone] Facsimile: 202.861.1783 Email: [e-mail] Attorneys for Defendants GANZ, INC. and GANZ U.S.A., LLC BRUCE O. BAUMGARTNER, Bar No. 0025701 (Pro Hac Vice) ROBIN E. HARVEY, Bar No. 0014183 (Pro Hac Vice) BAKER & HOSTETLER LLP 312 Walnut Street, Suite 3200 Cincinnati, Ohio 45202-4072 Telephone: [phone] Facsimile: 513.929.0303 Email: [e-mail] [e-mail]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE: WEBKINZ ANTITRUST LITIGATION.
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Case No. M:08-CV-01987 JSW (WDB) MDL NO. 1987 STIPULATION AND (PROPOSED) ORDER CONTINUING CASE MANAGEMENT CONFERENCE Date: Time: Judge: Ctrm: March 5, 2010 1:30 p.m. Hon. Jeffrey S. White Courtroom 11, 19th Floor

THIS DOCUMENT RELATES TO ALL ACTIONS.

M:08-CV-01987 JSW (WDB)

STIPULATION AND (PROPOSED) ORDER CONTINUING CASE MANAGEMENT CONFERENCE

CaseM:08-cv-01987-JSW Document91

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Pursuant to Local Rule 6-2, Plaintiffs and Defendants Ganz, Inc. and Ganz U.S.A. LLC ("Ganz") stipulate and hereby move the Court for an order: (1) postponing the case management conference ("CMC") currently scheduled for March 5, 2010 to April 16, 2010; and (2) postponing the deadline for the parties' joint case management statement from February 26, 2010 to April 9, 2010. WHEREAS, on January 8, 2010, the Court set a CMC previously scheduled for February 12, 2010 for March 5, 2010. [Doc. No. 88.] The Clerk's Notice further stated that the parties' joint case management statement must be filed no later than February 26, 2010. Subsequent to the issuance of this Notice, on February 17, 2010, the Court issued an order granting Ganz's Motion to Dismiss Counts I, II, V (in part), and VII of Plaintiffs' Consolidated Complaint with leave to amend ("Order"). [Doc. No. 90.] The Court's Order requires that Plaintiffs shall file an amended consolidated complaint, if any, by March 12, 2010, and that Defendants shall have 20 days thereafter to file their responsive pleading. [Id., p. 14.] WHEREAS, Plaintiffs may file an amended consolidated complaint on or before March 12, 2010; WHEREAS, if Plaintiffs file an amended complaint Defendants will file a responsive pleading to Plaintiffs' amended consolidated complaint on or before April 1, 2010, depending on when Plaintiffs' amended consolidated complaint is filed; WHEREAS, the parties agree that it would be premature to conduct the CMC currently scheduled for March 5, 2010 in light of the pending issues concerning the status of Plaintiffs' amended consolidated complaint; WHEREAS, the parties agree that the CMC should be postponed until after the parties' briefing, if any, on Plaintiffs' amended complaint is resolved, and request that the CMC be continued to April 16, 2010. This brief continuance would allow the parties to thoroughly brief the issues presented by Plaintiffs' anticipated amended consolidated complaint, and provide the Court with time to consider the parties' pleadings in advance of the CMC.

M:08-CV-01987 JSW (WDB)

STIPULATION AND (PROPOSED) ORDER CONTINUING CASE MANAGEMENT CONFERENCE

CaseM:08-cv-01987-JSW Document91

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IT IS THEREFORE STIPULATED, CONSENTED TO AND AGREED that the Court May 14, 2010 at 1:30 p.m. will conduct the CMC previously noticed for March 5, 2010 on April 16, 2010 at 1:30 p.m. May 7 Accordingly, the parties' joint case management statement shall be due on or before April 9, 2010.

Dated: February 25, 2010

COTCHETT, PITRE & McCARTHY MATTHEW K. EDLING /s/ Matthew K. Edling Matthew K. Edling Attorneys for Plaintiffs

Dated: February 25, 2010

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

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: February 26, 2010 _____________________

______________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE

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M:08-CV-01987 JSW (WDB) STIPULATION AND (PROPOSED) ORDER CONTINUING CASE MANAGEMENT CONFERENCE