Poligrates v. Bed Bath & Beyond, Inc

Filing 12

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 11 Stipulation filed by Bed Bath & Beyond, Inc. Signed by Judge Edward M. Chen on 5/3/11. (bpf, COURT STAFF) (Filed on 5/3/2011)

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DAVID F. MCDOWELL (CA SBN 125806)
[e-mail]
PURVI G. PATEL (CA SBN 270702)
[e-mail]
MORRISON & FOERSTER LLP
555 West Fifth Street, Suite 3500
Los Angeles, California 90013
Telephone: [phone]
Facsimile: 213.892.5454
Attorneys for Defendant
BED BATH & BEYOND INC.

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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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BONNIE POLIGRATES, on behalf of herself and
all others similarly situated,

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Plaintiff,
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v.
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BED, BATH & BEYOND, INC., and Does 1
through 100, inclusive,

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Defendants.

Case No. 3:11-cv-01661-EMC
STIPULATION TO EXTEND
DEFENDANT BED BATH &
BEYOND INC.’S TIME TO
RESPOND TO COMPLAINT
[L.R. 6-2]; DECLARATION OF
PURVI G. PATEL; PROPOSED
ORDER
Hon. Edward M. Chen

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Complaint Filed: March 4, 2011
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la-1122112

STIPULATION TO EXTEND DEFENDANT BED BATH & BEYOND INC.’S
TIME TO RESPOND TO COMPLAINT
Case No. 3:11-cv-01661-EMC

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STIPULATION

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Pursuant to Rule 6-2 of the Local Rules of the United States District Court for the

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Northern District of California, Plaintiff Bonnie Poligrates (“Plaintiff”) and Defendant Bed Bath

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& Beyond Inc. (“BBB”), by and through their undersigned counsel, stipulate as follows:

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WHEREAS, Plaintiff filed the Complaint in this action on March 4, 2011, and served
BBB with the Complaint on or about March 8, 2011;

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WHEREAS, BBB filed a Notice of Removal to remove the action to this Court on April 6,
2011;
WHEREAS, pursuant to the parties’ Stipulation to Extend Defendant’s Time to Respond

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to Complaint [L.R. 6-1(a)] [Doc. No. 8] and this Court’s Order granting the parties’ stipulation

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[Doc. No. 9], BBB’s deadline to answer or otherwise respond to the Complaint is May 3, 2011;

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WHEREAS, the parties are continuing to meet and confer regarding the factual bases of

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Plaintiff’s claims, and are currently exchanging, on an informal basis, records pertaining to the

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alleged transactions that form the basis of Plaintiff’s Complaint;

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WHEREAS, good cause exists for an extension of BBB’s deadline to respond to the

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Complaint because BBB requires additional time to investigate Plaintiff’s allegations and prepare

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its response to the Complaint;

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WHEREAS, the parties have agreed that the deadline for BBB to answer or otherwise

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respond to the Complaint shall be extended by seventeen (17) days, to and including May 20,

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2011; and

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THEREFORE, IT IS HEREBY AGREED AND STIPULATED that BBB shall have to
and including May 20, 2011, to answer or otherwise respond to the Complaint.

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STIPULATION TO EXTEND DEFENDANT BED BATH & BEYOND INC.’S
TIME TO RESPOND TO COMPLAINT
Case No. 3:11-cv-01661-EMC

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Dated: May 2, 2011

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DAVID F. MCDOWELL
PURVI G. PATEL
MORRISON & FOERSTER LLP

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By:

/s/ Purvi G. Patel
Purvi G. Patel

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Attorneys for Defendant
Bed Bath & Beyond Inc.

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Dated: May 2, 2011

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DANIEL H. QUALLS
ROBIN G. WORKMAN
AVIVA N. ROLLER
QUALLS & WORKMAN, L.L.P.

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By:

/s/ Daniel H. Qualls
Daniel H. Qualls

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Attorneys for Plaintiff
Bonnie Poligrates, on behalf of herself
and all others similarly situated

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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By:

UNIT
ED

May 3, 2011
Dated: _______________________

Honorable Edward M. Chen

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S DISTRICT
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la-1122112

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STIPULATION TO EXTEND DEFENDANT BED BATH & BEYOND INC.’S
TIME TO RESPOND TO COMPLAINT
Case No. 3:11-cv-01661-EMC

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DECLARATION OF PURVI G. PATEL
I, Purvi G. Patel, hereby declare as follows:
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I am an attorney admitted to practice law in the courts of the State of California

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and am a member of the Bar of this Court. I am an associate at Morrison & Foerster LLP,

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counsel of record for Defendant Bed Bath & Beyond Inc. (“BBB”) in the above-captioned action.

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I make this declaration based on my personal knowledge.

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2.

I submit this declaration in support of the parties’ Stipulation to Extend Defendant

Bed Bath & Beyond Inc.’s Time to Respond to Complaint [L.R. 6-2].
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The parties previously stipulated to a twenty (20) day extension of BBB’s deadline

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to respond to the Complaint from April 13, 2011 to May 3, 2011. [Doc. No. 8.] That deadline to

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respond has been fixed by this Court’s Order granting the parties’ Stipulation to Extend

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Defendant’s Time to Respond to Complaint [L.R. 6-1(a)]. [Doc. No. 9.]

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4.

The parties are continuing to meet and confer regarding the factual bases of

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Plaintiff’s claims. The parties are currently exchanging, on an informal basis, records pertaining

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to the alleged transactions that form the basis of Plaintiff’s Complaint.

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5.

BBB requests the extension of time to investigate Plaintiff’s allegations and

prepare its response to the Complaint.
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The parties submit this stipulation to request that BBB’s deadline to respond to the

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Complaint, which has been fixed by Court order, be extended by seventeen (17) days to and

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including May 20, 2011. This extension of time will not affect any hearing or proceeding on the

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Court’s calendar and is not made for purposes of delay.

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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true and correct.

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Executed this 2nd day of May, 2011, in Los Angeles, California.

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/s/ Purvi G. Patel
Purvi G. Patel

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la-1122112

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STIPULATION TO EXTEND DEFENDANT BED BATH & BEYOND INC.’S
TIME TO RESPOND TO COMPLAINT
Case No. 3:11-cv-01661-EMC

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ECF ATTESTATION
I, Purvi G. Patel, am the ECF User whose ID and password are being used to file this

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STIPULATION TO EXTEND DEFENDANT BED BATH & BEYOND INC.’S TIME TO

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RESPOND TO COMPLAINT [L.R. 6-2]; DECLARATION OF PURVI G. PATEL;

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PROPOSED ORDER. In accordance with General Order 45 X.B, concurrence in the filing of

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this document has been obtained from Daniel H. Qualls and Robin G. Workman, counsel for

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Plaintiff, and I shall maintain records to support this concurrence for subsequent production for

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the Court if so ordered or for inspection upon request by a party.

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Dated: May 2, 2011

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DAVID F. MCDOWELL
PURVI G. PATEL
MORRISON & FOERSTER LLP

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By:

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/s/ Purvi G. Patel
Purvi G. Patel
Attorneys for Defendant
Bed Bath & Beyond Inc.

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STIPULATION TO EXTEND DEFENDANT BED BATH & BEYOND INC.’S
TIME TO RESPOND TO COMPLAINT
Case No. 3:11-cv-01661-EMC