C.F.C., a minor, by and through Christine F., his parent and guardian v. Power Balance, LLC

Filing 16

STIPULATION AND ORDER EXTENDING CMC re 15 Stipulation filed by C.F.C., a minor, by and through Christine F., his parent and guardian. Signed by Judge Edward M. Chen on 5/11/11. (bpf, COURT STAFF) (Filed on 5/11/2011)

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EAGAN AVENATTI, LLP
Michael Q. Eagan, Bar No. 63479
Michael J. Avenatti, Bar No. 206929
450 Newport Center Drive, Second Floor
Newport Beach, CA 92660
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant

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LEXINGTON LAW GROUP
Mark N. Todzo (State Bar No. 168389)
Howard Hirsch (State Bar No. 213209)
1627 Irving Street
San Francisco, CA 94122
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Christopher M. Burke (State Bar No. 214799)
SCOTT + SCOTT LLP
600 B Street, Suite 1500
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
C.F.C., a minor, by and through
Christine F., his parent and guardian

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION
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C.F.C., minor, by and through CHRISTINE F., his Case No. 11-cv-0487-EMC
parent and guardian, on behalf of himself and all
others similarly situated,

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Plaintiff,

CLASS ACTION

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vs.

JOINT STIPULATION TO EXTEND ADR
AND CASE MANAGEMENT DEADLINES ;
ORDER

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POWER BALANCE LLC, a Delaware Limited
Liability Company,

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Defendant.
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Complaint Filed:
Trial Date:

February, 1 2011
None set

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SECOND JOINT STIPULATION TO EXTEND TIME

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JOINT STIPULATION TO EXTEND ADR AND CASE MANAGEMENT DEADLINES

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C.F.C., minor, by and through Christine F., his parent and guardian, (“Plaintiff”) and Power
Balance LLC (“Defendant”) stipulate as follows:

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WHEREAS, on March 25, 2011, plaintiff in a similar class action lawsuit, Andre Batungbacal,

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filed a Motion for Preliminary Approval of the nationwide class settlement reached between the

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plaintiff and Power Balance in the putative class action Batungbacal v. Power Balance LLC, No.

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SACV11-00018 (C.D. Cal. 2011) (“Batungbacal Action”). The Batungbacal Action is the first-filed

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of the Power Balance Actions and is pending before Judge Cormac J. Carney in the Central District of

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California. That motion was granted on April 27, 2011.

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WHEREAS, final approval of the class settlement is presently set for September 19, 2011.

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WHEREAS, the settlement purports to release the claims alleged in Plaintiff’s complaint, so

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final approval of the settlement in the Batungbacal action may partially or completely preclude

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Plaintiff’s claims.
WHEREAS, in the interest of judicial economy and the convenience of the parties, Plaintiff

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and Defendant have agreed to extend all ADR, Case Management and Discovery deadlines set

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pursuant to the Court’s February 1, 2011 Order Setting Initial Case Management Conference and ADR

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Deadlines until thirty (30) days after the Court’s ruling on the motion for final approval in the Batungbacal

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Action.

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Accordingly, it is hereby stipulated and agreed as follows:

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1. the deadline to file the Rule 26(f) report and a joint case management statement is extended

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from May 11, 2011 until October 19, 2011 or a date thereafter chosen by the Court; and

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2. the initial case management conference is continued until October 26, 2011 or a date

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thereafter chosen by the Court; and
3. any other deadlines or dates previously imposed by the Court or by rule be extended or
continued until a date after October 19, 2011.
This stipulation is made without prejudice to seek further additional time or other relief if necessary.

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1
SECOND JOINT STIPULATION TO EXTEND TIME

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Dated: May 11, 2011

EAGAN AVENATTI, LLP

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By:

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/s/ Michael J. Avenatti
Michael J. Avenatti
Attorneys for Defendants

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Dated: May 11, 2011

LEXINGTON LAW GROUP

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By:
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/s/ Mark Todzo
Mark Todzo
Attorneys for Plaintiff

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PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS HEREBY ORDERED
THAT:

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1. the deadline to file the Rule 26(f) report and a joint case management statement is extended

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October 19
from May 11, 2011 until ______________, 2011 or a date thereafter chosen by the Court;

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and

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ER

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RT

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NO

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EDWARD M. CHEN
U.S. MAGISTRATE
en
d M. Ch
e Edwar
Judg

R NIA

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D
RDERE
IS SO O
_______________________________
IT

FO

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IT IS SO ORDERED:

S DISTRICT
TE
C
TA

RT
U
O

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continued until a date after October 19, 2011.

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3. any other deadlines or dates previously imposed by the Court or by rule be extended or

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thereafter chosen by the Court; and

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October 26
2. the initial case management conference is continued until ______________, 2011 or a date

UNIT
ED

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N

F
D IS T IC T O
R

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SECOND JOINT STIPULATION TO EXTEND THE TIME

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CERTIFICATE OF SERVICE
On May 11, 2011, I electronically submitted the foregoing document with the Clerk of
Court for the U.S. District Court, Northern District of California, using the electronic case filing
(“ECF”) system of the Court. All parties who have consented to electronic service will receive
notice of this filing by operation of the ECF system. Any parties who have not consented to
electronic service will receive a paper copy of this electronically filed document through the
United States Postal Service.

/s/ Mark N. Todzo
Mark N. Todzo
LEXINGTON LAW GROUP
1627 Irving Street
San Francisco, CA 94122
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]