Labrador v. Diesel U.S.A., Inc.

Filing 16

ORDER to continue CMC re 15 Stipulation filed by Megan Labrador Initial Case Management Conference set for 6/17/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 4/22/2011. (be, COURT STAFF) (Filed on 4/25/2011)

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MICHAEL VON LOEWENFELDT (SBN 178665)
E-mail: [e-mail]
MICHAEL NG (SBN 237915)
E-mail: [e-mail]
CHERYL MACKEY (SBN 273029)
E-mail: [e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, Suite 1800
San Francisco, CA 94105–1528
Telephone: [phone]
Fax: [phone]
DANIEL L. FEDER (SBN 130867)
E-mail: [e-mail]
CLAIRE E. COCHRAN (SBN 222529)
E-mail: [e-mail]
LAW OFFICES OF DANIEL FEDER
332 Pine Street, Suite 700
Street San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
MEGAN LABRADOR

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HARRY I. JOHNSON, III (SBN 200257)
PAUL A. RIGALI (SBN 262948)
ARENT FOX LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant
DIESEL U.S.A., INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MEGAN LABRADOR, individually and on
behalf of all others similarly situated,

Case No. CV-11-0014 (CRB)

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

v.

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DIESEL U.S.A., INC., a New York Corporation

Hon. Charles R. Breyer

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Defendant.

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K E R R
––––– & –––––
W A G S T A F F
E

LLP

Case No. CV-11-0014 CRB

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Plaintiff Megan Labrador (“Plaintiff”) and Defendant Diesel U.S.A., Inc. (“Defendant”),
by and through their undersigned counsel, hereby stipulate and agree as follows:
WHEREAS, this case was originally filed in California state court but removed to this
Court on January 3, 2011;
WHEREAS, Plaintiff has recently retained Kerr & Wagstaffe LLP to serve as co-counsel
for Plaintiff in this putative class action;
WHEREAS, Plaintiff intends to file an amended complaint, in part to address issues
raised by Defendant during the initial meet and confer;
WHEREAS, the parties are currently discussing whether Defendant will stipulate to such
amendment;

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WHEREAS, if Defendant does not agree to such a stipulation, Plaintiff intends to seek

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leave to do so by noticed motion, and Defendant reserves the right to oppose any such motion;

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WHEREAS, the Initial Case Management Conference is currently set for Friday, May 6,
2011 at 8:30 a.m.
WHEREAS, the parties agree that it would be more efficient for them and the Court to

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conduct a Case Management Conference after the anticipated amendment, and that Kerr &

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Wagstaffe LLP will need a few weeks to finish meeting and conferring with Defendant’s counsel

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concerning the Case Management Conference topics as required under the rules and the Court’s

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standing order;

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WHEREAS, the parties agree that, pursuant to Fed. R. Civ. Proc. 26(d)(1), neither party

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will seek discovery from any source until the parties have met and conferred regarding the

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allegations of Plaintiff’s anticipated amendment.

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THEREFORE, the Parties hereby submit this Stipulated Request for an Order Continuing

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the Case Management Conference to June 17, 2011, or to another date or time thereafter and

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convenient to the Court’s calendar. The Parties also request that the deadlines to meet and

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confer in advance of the conference and to file a joint case management statement be continued

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according to the date of the continued case management conference and the Court’s Order

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Setting Case Management Conference, dated March 8, 2011.
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K E R R
––––– & –––––
W A G S T A F F
E

LLP

Case No. CV-11-0014 CRB

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

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IT IS SO STIPULATED
DATED: April 21, 2010

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KERR & WAGSTAFFE LLP
By ______/s/________________________________
MICHAEL NG

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Attorneys for Plaintiffs
MEGAN LABRADOR

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DATED: April 21, 2010

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By ______/s/________________________________
HARRY I. JOHNSON

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Attorneys for Defendant
DIESEL U.S.A., INC.

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ARENT FOX LLP

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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_________________________________________

UNIT
ED

April 22, 2011
Dated: ________________________

S DISTRICT
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Judge C

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IT IS S

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The Hon. Charles R.ERE
O ORD Breyer

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K E R R
––––– & –––––
W A G S T A F F
E

LLP

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Case No. CV-11-0014 CRB

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE