Nguyen v. BMW of North America, LLC et al

Filing 56

ORDER continuing hearing and cmc (tf, COURT STAFF) (Filed on 9/19/2011)

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Troy M. Yoshino, No. 197850
Eric J. Knapp, No. 214352
Aengus H. Carr, No. 240953
CARROLL, BURDICK & McDONOUGH LLP
Attorneys at Law
44 Montgomery Street, Suite 400
San Francisco, CA 94104
Telephone:
415.989.5900
Facsimile:
415.989.0932
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
BMW OF NORTH AMERICA, LLC

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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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TIM NGUYEN, as an individual and
CHRIS CLYNE, an individual, on behalf
of themselves and all others similarly
situated,
Plaintiffs,

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v.
BMW OF NORTH AMERICA, LLC; and
DOES 1-100,

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Case No. CV 10-2257 SI
STIPULATION TO CHANGE BRIEFING
SCHEDULE RELATING TO BMW NA’S
MOTION TO STRIKE AND MOTION TO
DISMISS PLAINTIFFS’ THIRD
AMENDED COMPLAINT;
DECLARATION OF ERIC J. KNAPP IN
SUPPORT THEREOF
[N.D. Cal. L.R. 6-2]

Defendants.

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STIPULATED REQUEST TO CHANGE TIME; KNAPP DECL. ISO—CASE NO. CV 10-2257 SI

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By and through their respective counsel of record, plaintiffs Tim Nguyen and Chris Clyne,

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as individuals and on behalf of all others similarly situated, and Defendant BMW of North

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America (“BMW NA”) stipulate and agree as follows:

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1.

In the parties’ prior stipulated order signed by the Court on September 1, 2011 [Dkt.

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No. 54], the parties consented to a briefing schedule on Defendant BMW NA’s Motion to Strike

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[Dkt. No. 41] and Motion to Dismiss [Dkt. No. 42] plaintiffs’ Third Amended Complaint as

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follows:

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September 16, 2011: Plaintiffs’ opposition briefs due;

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September 20, 2011: BMW NA’s reply briefs due;

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September 30, 2011: Hearing.

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Additionally, the Court previously set a case management conference for October 7, 2011.

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2.

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The parties have met and conferred and propose the following changes to the above

briefing schedule and case management conference:

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October 4, 2011: Plaintiffs’ opposition briefs due;

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October 7, 2011: BMW NA’s reply briefs due;

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October 14, 2011: Hearing;

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November 18, 2011: Case Management Conference.

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3.

The parties request the court continue the CMC to at least 35 days after the ruling on

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the responsive pleadings to allow the timeline contemplated in the Court’s Scheduling Order to

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progress normally, i.e., to allow for: (a) a 14-day period in which to meet and confer; (b) an

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additional 14 days to prepare the Rule 26(f) report, initial disclosures, and the Court-mandated

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Joint Case Management Statement; and (c) for the Court to have 7 days to review relevant

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materials before the initial Case Management Conference.

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4.

Procedural History: Pursuant to Civil Local Rule 6-1(a), the parties have previously

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stipulated to two extensions of time for BMW NA to respond to plaintiff’s Second Amended

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Complaint. The first extension was up to and including August 17, 2010, and the second was up

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to and including September 28, 2010, whereupon BMW NA filed its dispositive motions to the

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Second Amended Complaint. The parties have also previously stipulated to extensions of time

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STIPULATED REQUEST TO CHANGE TIME; TALLEY DECL. ISO—CASE NO. CV 10-2257 SI

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for the briefing schedule on the dispositive motions to the Second Amended Complaint, to

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continue the Initial Case Management Conference, and to extend the ADR deadlines, and the

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Court has approved such stipulations. See Docket No. 14 (Aug. 5, 2010 Order); Docket No. 26

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(Oct. 13, 2010 Order); Docket Entry of December 3, 2010 (Order); Docket No. 29 (December 22,

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2010 Order); Docket No. 30 (January 3, 2011 Order). On January 14, 2011, Plaintiffs filed their

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Third Amended Complaint, which rendered moot BMW NA’s then pending dispositive motions

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to the Second Amended Complaint. The parties have also previously stipulated to extensions of

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time for the briefing schedule on the dispositive motions to the Third Amended Complaint, to

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continue the Initial Case Management Conference, and to extend the ADR deadlines, and the

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Court has approved such stipulations. See Docket No. 35 (Jan. 28, 2011 Order); Docket No. 37

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(March 14, 2011); Docket No. 48 (July 7, 2011); Docket No. 50 (July 20, 2011); Docket No. 52

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(August 24, 2011); Docket No. 54 (September 1, 2011).

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5.

Pursuant to N.D. Cal. Local R. 6-1(b) and 6-2, the parties seek approval of this

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stipulated request for an order changing time, as the agreements set forth in paragraph 2 affect

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dates involving papers required to be filed with the Court and hearing and case management

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conference dates currently set on the Court’s calendar.

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6.

Other than as discussed in paragraph 4, there have been no prior time modifications in

this case.

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Dated: September 15, 2011.

Respectfully submitted,

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CARROLL, BURDICK & McDONOUGH LLP

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By

/s/ Eric J. Knapp
ERIC J. KNAPP
Attorneys for Defendant
BMW of North America, LLC

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Dated: September 15, 2011.

KERSHAW, CUTTER & RATINOFF

LLP

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STIPULATED REQUEST TO CHANGE TIME; KNAPP DECL. ISO—CASE NO. CV 10-2257 SI

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By

/s/ Stuart C. Talley
STUART C. TALLEY
Attorneys for Plaintiff
Tim Nguyen
General Order 45, § X Certification
The filing attorney hereby certifies that concurrence in the filing of the document has been
obtained from each of the other signatories, in full accordance with N.D. Cal Gen. Ord. 45, §
X(B).

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STIPULATED REQUEST TO CHANGE TIME; KNAPP DECL. ISO—CASE NO. CV 10-2257 SI

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DECLARATION OF ERIC J. KNAPP IN SUPPORT OF
STIPULATED REQUESTS FOR ORDER CHANGING TIME

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I, Eric J. Knapp, declare and state as follows:
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I am an attorney duly licensed to practice before this Court, and am partner with

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Carroll, Burdick & McDonough LLP, counsel for defendant in the above-entitled action. The

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matters referred to in this Declaration are based upon my best personal knowledge and belief, and

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if called and sworn as a witness, I could and would competently testify as to each of them.

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2.

On September 1, 2011, the Court issued an Order [Dkt. No. 54] approving the parties’

stipulated request to amend the briefing schedule on Defendant BMW NA’s Motion to Strike
[Dkt. No. 41] and Motion to Dismiss [Dkt. No. 42] plaintiffs’ Third Amended Complaint.
3.

Since the Court issued its September 1, 2011 Order, the parties have engaged in

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substantive discussions regarding the plaintiffs’ Third Amended Complaint, which discussions

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the parties believe may result in a change to the contours of the case and the issues presented by

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it. Accordingly, the parties mutually recognize that the prior deadlines should be altered to give

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the parties an opportunity to properly address those issues.

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4.

To accommodate those discussions, the parties propose that plaintiffs’ opposition

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briefs to Defendant BMW NA’s Motion to Strike [Dkt. No. 41] and Motion to Dismiss [Dkt. No.

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42] plaintiffs’ Third Amended Complaint be filed by October 4, 2011, that any reply by BMW

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NA be filed by October 7, 2011 and that the hearing be reset to October 14, 2011 and reset the

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case management conference to November 18, 2011.

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5.

Pursuant to Civil Local Rule 6-1(a), the parties have previously stipulated to two

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extensions of time for BMW NA to respond to plaintiff’s Second Amended Complaint. The first

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extension was up to and including August 17, 2010, and the second was up to and including

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September 28, 2010, whereupon BMW NA filed its dispositive motions to the Second Amended

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Complaint. The parties have also previously stipulated to extensions of time for the briefing

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schedule on the dispositive motions to the Second Amended Complaint, to continue the Initial

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Case Management Conference, and to extend the ADR deadlines, and the Court has approved

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such stipulations. See Docket No. 14 (Aug. 5, 2010 Order); Docket No. 26 (Oct. 13, 2010 Order);

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DECLARATION OF ERIC KNAPP IN SUPPORT OF STIPULATION—CASE NO. CV 10-2257 SI

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Docket Entry of December 3, 2010 (Order); Docket No. 29 (December 22, 2010 Order); Docket

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No. 30 (January 3, 2011 Order). On January 14, 2011, Plaintiffs filed their Third Amended

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Complaint, which rendered moot BMW NA’s then pending dispositive motions to the Second

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Amended Complaint. The parties have also previously stipulated to extensions of time for the

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briefing schedule on the dispositive motions to the Third Amended Complaint, to continue the

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Initial Case Management Conference, and to extend the ADR deadlines, and the Court has

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approved such stipulations. See Docket No. 35 (Jan. 28, 2011 Order); Docket No. 37 (March 14,

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2011); Docket No. 48 (July 7, 2011); Docket No. 50 (July 20, 2011); Docket No. 52 (August 24,

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2011); Docket No. 54 (September 1, 2011).

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6.

Pursuant to N.D. Cal. Local R. 6-1(b) and 6-2, the parties seek approval of this

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stipulated request for an order changing time, as the agreements set forth in paragraph 4 affect

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dates involving papers required to be filed with the Court and a hearing date currently set on the

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Court’s calendar.

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7.

Other than as discussed in paragraph 5, there have been no prior time modifications in

this case.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 15th day of September 2011 at San Francisco, California.

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/s/ Eric J. Knapp
ERIC J. KNAPP

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DECLARATION OF ERIC KNAPP IN SUPPORT OF STIPULATION—CASE NO. CV 10-2257 SI

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ORDER
For good cause shown, the Court hereby enters the Stipulation set forth above as the Order
of the Court. The schedule in this case is hereby modified as follows:
a.

Plaintiff will have until October 4, 2011 to file oppositions to Defendant BMW NA’s

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Motion to Strike [Dkt. No. 41] and Motion to Dismiss [Dkt. No. 42] plaintiffs’ Third

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Amended Complaint;

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b.

Any reply briefs relating to these motions shall be filed by October 7, 2011;

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c.

The motion hearing is reset for October 14, 2011 at 9:00 a.m.; and

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d.

The case management conference is reset for November 18, 2011 at 9:00 a.m..

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IT IS SO ORDERED
9/20
Dated: ___________________, 2011
By:
HONORABLE SUSAN ILLSTON

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ORDER ON STIPULATION—CASE NO. CV 10-2257 SI