Hensley-Maclean et al v. Safeway, Inc.

Filing 197

STIPULATION AND ORDER RE 196 RESETTING HEARING ON MOTION TO DISMISS. Motion Hearing previously set for 9/3/2015 Continued to 9/10/2015 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 7/27/15. (cl, COURT STAFF) (Filed on 7/27/2015)

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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 Stephen Gardner (pro hac vice) STANLEY LAW GROUP 6116 N. Central Expy., Ste. 1500 Dallas, Texas 75206 Telephone: (214) 443-4300 Facsimile: (214) 443-0358 Email: steve@consumerhelper.com Attorneys for Plaintiffs Martha Smith and Eleanor Tate Monty Agarwal ARNOLD & PORTER LLP Three Embarcadero Center, 10th Floor San Francisco, CA 94111-4024 Telephone: (415) 471-3100 Facsimile: (415) 471-3400 Email: Monty.Agarwal@aporter.com Attorneys for Defendant Safeway Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARTHA SMITH and ELEANOR ) TATE on behalf of themselves and ) ) all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) SAFEWAY INC., ) Defendant. ) ) ) Case No. 3:11-cv-01230-RS STIPULATION AND (PROPOSED) ORDER RESETTING HEARING ON MOTION TO DISMISS Date: September 3, 2015 Time: 1:30 p.m. Place: Courtroom 3, 17th Floor Judge: Hon. Richard Seeborg Pursuant to Civil Local Rule 6-2, the parties respectfully submit this Stipulation and Proposed Order resetting the briefing deadlines and hearing date on Defendant Safeway Inc.’s Motion to Dismiss (Doc. 195, “Safeway Motion”). The current briefing schedule conflicts with vacations of two of Plaintiffs’ counsel. If the Court agrees with the proposed schedule, the parties also propose to reset the hearing by one week, to allow the Court time to review the completed briefing prior to the hearing. The Court should be aware that the new proposed schedule provides Defendant’s counsel 1 an additional few days to reply, as compared to the regular briefing schedule, to 2 accommodate one of Defendant’s counsel’s vacation plans in light of Plaintiff’s request to 3 continue the schedule. The parties therefor propose the following schedule. 4 Safeway Motion 5 1. Plaintiffs’ opposition to the Safeway Motion is due by August 17, 2015. 6 2. Safeway’s reply in support of its Motion is due by August 28, 2015. 7 3. Hearing on the Safeway Motion set for September 10, 2015, subject to the Court’s availability. 8 9 Respectfully submitted, 10 11 STANLEY LAW GROUP ARNOLD & PORTER LLP By: /s/ Stephen Gardner Stephen Gardner Attorneys for Plaintiffs Martha Smith and Eleanor Tate By: /s/ Monty Agarwal Monty Agarwal Attorneys for Defendant Safeway, Inc. 12 13 14 15 16 17 PURSUANT TO STIPULATION IT IS SO ORDERED. 18 Hearing on the Safeway Motion will be held at 1:30 p.m. on September 10 , 2015. 19 20 21 22 Dated: 7/27/15 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 -2-

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