Newport et al v. Burger King Corporation

Filing 25

ORDER EXTENDING DEFENDANT'S TIME TO AMEND ANSWER. Signed by Judge Alsup on December 27, 2010. (whalc2, COURT STAFF) (Filed on 12/27/2010)

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Newport et al v. Burger King Corporation Doc. 25 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 28 GLYNN & FINLEY, LLP ADAM FRIEDENBERG, Bar No. 205778 MAUREEN RODGERS, Bar No. 245876 One Walnut Creek Center 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 Telephone: (925) 210-2800 Facsimile: (925) 945-1975 GENOVESE JOBLOVE & BATTISTA, P.A. MICHAEL D. JOBLOVE (admitted pro hac vice) 100 SE 2nd Street, Suite 4400 Miami, Florida 33131 Telephone: (305) 349-2329 Facsimile: (305) 349-2310 Attorneys for Defendant Burger King Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION ROY D. NEWPORT, et al., Plaintiffs, vs. BURGER KING CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CV-10-4511-WHA STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT'S TIME TO AMEND ANSWER AS A MATTER OF COURSE Pursuant to Local Rule 6-2, the parties hereby stipulate that Defendant Burger King Corporation's ("BKC's") last day to amend its Answer [DE 21] as a matter of course is extended through and including January 18, 2011, and declare as follows: 1. This is an action for declaratory relief to interpret the indemnification provisions in franchise agreements, leases, and subleases between BKC (as franchisor) and each Plaintiff (as franchisee). 2. Pursuant to stipulation, BKC filed its Answer and Affirmative Defenses [DE 21] on December 3, 2010. -1STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO AMEND ANSWER AS A MATTER OF COURSE Dockets.Justia.com 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 28 3. The current deadline for BKC to amend its Answer, and to assert any possible counterclaims against Plaintiffs and third-parties, without the Court's leave or Plaintiffs' consent, is December 30, 2010. Fed. R. Civ. P. 15(a)(1); 6(d). 4. The parties agree and hereby stipulate to an enlargement of this deadline through and including January 18, 2011. 5. Due to the vast number of Plaintiffs throughout the State of California, leased franchise restaurants, and franchise and lease agreements at issue in this action, and various scheduling conflicts and logistical concerns (including the intervening holidays), the requested enlargement of time is necessary to afford BKC, and its in-house counsel and undersigned outside counsel, an opportunity to effectively and substantively consider any amendments and/or counterclaims. 6. There has been a recent change in the senior management team following BKC's recent acquisition by a global private equity firm. Thus, the requested enlargement also is necessary to allow sufficient time for BKC's new management team to consider the matter. 7. Previous time modifications in this case have been made by stipulation only: extensions for BKC's answer to the Complaint [DE 16, 19 and 20] and for the parties' meet and confer under Fed. R. Civ. P. 26(f) [DE 23]. 8. The requested time change will not affect the date of any event or deadline already fixed by this Court. 9. Accordingly, BKC respectfully requests that the Court enter an Order granting an enlargement, through and including January 18, 2011, within which BKC may amend its Answer and/or file any counterclaims as a matter of course. IT IS SO STIPULATED. \ \ \ -2STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO AMEND ANSWER AS A MATTER OF COURSE 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 28 Dated: December 23, 2010 GENOVESE JOBLOVE & BATTISTA, P.A. MICHAEL D. JOBLOVE (admitted pro hac vice) 100 SE 2nd Street, Suite 4400 Miami, Florida 33131 By: /s/ Michael Joblove 1 Attorneys for Defendant Burger King Corporation Dated: December 23, 2010 HANSON BRIDGETT LLP RICHARD J. STRATTON KURT A. FRANKLIN MEGAN OLIVER THOMPSON 425 Market Street, 26th Floor San Francisco, CA 94105 By: /s/ Richard Stratton Attorneys for Plaintiffs Pursuant to General Order No. 45, Section XB, of the United States District Court, Northern District of California, I, Michael Joblove, hereby attest that concurrence in the filing of this stipulation has been obtained from each of the signatories designated herein. -3STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO AMEND ANSWER AS A MATTER OF COURSE 1 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 28 27 Dated: December ___, 2010 [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. _________________________________ WILLIAM ALSUP UNITED STATES DISTRICT JUDGE -4STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO AMEND ANSWER AS A MATTER OF COURSE

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