Colucci et al v. ZonePerfect Nutrition Company

Filing 10

STIPULATION AND ORDER re 9 Stip to Extend Time for Defendant to answer, filed by ZonePerfect Nutrition Company. Signed by Judge Elizabeth D Laporte on 11/2/2011. (kns, COURT STAFF) (Filed on 11/2/2011)

1
2
3
4
5

Elizabeth L. Deeley (SBN 230798)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ZONEPERFECT NUTRITION COMPANY

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11

JAMES COLUCCI and KIMBERLY S.
SETHAVANISH,

12
13
14
15

Plaintiffs,
vs.
ZONEPERFECT NUTRITION COMPANY,
Defendant.

16
17

)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 11-CV-04561 EDL
STIPULATION FOR EXTENSION OF
TIME FOR DEFENDANT
ZONEPERFECT NUTRITION
COMPANY TO ANSWER, MOVE, OR
OTHERWISE RESPOND TO THE
COMPLAINT AND FOR AN
EXTENDED BRIEFING SCHEDULE

18
19
20
21
22
23
24
25
26
27
28
STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO THE COMPLAINT AND AN
EXTENDED BRIEFING SCHEDULE

CASE NO. 11-CV-04561 EDL

1
2
3
4
5

WHEREAS, Plaintiffs filed a Complaint in the above-captioned case on or about September
14, 2011;
WHEREAS, on September 14, 2011, the Court entered an order setting initial case
management conference for January 3, 2012;
WHEREAS, Defendant has not answered or responsively pled to the Complaint and, per

6

prior stipulation, the deadline for Defendant to answer, move, or otherwise respond to the Complaint

7

is November 14, 2011;

8

WHEREAS, the parties would like to exchange information and pursue negotiations and

9

believe that adjourning the Defendant’s deadline would be most efficient, in light of the present

10

discussions, and would best conserve the resources of both the court and the parties involved.

11

IT IS HEREBY STIPULATED AND AGREED by the parties through their counsel, that the

12

Defendant shall have until November 30, 2011 (the “Response Date”) to answer, move, or otherwise

13

respond to the complaint, provided, however, that in the event that the Defendant should agree or be

14

ordered to answer, move, or otherwise respond to a complaint in any subsequently filed case based

15

on the same allegations as those made by Plaintiffs in the Complaint prior to the Response Date, then

16

the Defendant shall respond to the Complaint on that same, earlier date. It is further stipulated and

17

agreed by the parties that the Plaintiff shall have twenty-eight days to serve and file a response or

18

opposition to any motion filed in response to the complaint; and the Defendant shall have fourteen

19

days to serve and file a reply to any opposition.

20

IT IS SO STIPULATED.

21

Respectfully submitted,

22

KIRKLAND & ELLIS LLP

23

DATED: November 1, 2011

By: /s/ Elizabeth L. Deeley

24

Elizabeth L. Deeley

25

Attorneys for Defendant
ZONEPERFECT NUTRITION COMPANY

26
27
28
STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO THE COMPLAINT AND AN
EXTENDED BRIEFING SCHEDULE

1

CASE NO. 11-CV-04561 EDL

1
2

LAW OFFICE OF JANET LINDNER SPIELBERG
DATED: November 1, 2011

By: /s/ Janet Lindner Spielberg

3

Janet Lindner Spielberg1

4

Attorneys for Plaintiffs
JAMES COLUCCI and KIMBERLY S.
SETHAVANISH

5
6
7

PURSUANT TO STIPULATION, IT IS SO ORDERED.

8
9
10
11

November 2
DATED: ___________, 2011

____________________
The Honorable Elizabeth D. Laporte

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1

27
28

I, Elizabeth L. Deeley, am the ECF user whose ID and password are being used to file this Stipulation for
Extension of Time for Defendant ZonePerfect Nutrition Company to Answer, Move, or Otherwise Respond to the
Complaint. In compliance with General Order 45, X.B., I hereby attest that the following attorneys have concurred in
this filing: Janet Lindner Spielberg, counsel for Plaintiffs, James Colucci and Kimberley S. Sethavanish.
STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO THE COMPLAINT AND AN
EXTENDED BRIEFING SCHEDULE

2

CASE NO. 11-CV-04561 EDL

CERTIFICATE OF SERVICE

1
2

The undersigned hereby certify that all counsel of record who have consented to electronic

3

service are being served with a copy of the attached STIPULATION FOR EXTENSION OF

4

TIME FOR DEFENDANT ZONEPERFECT NUTRITION COMPANY TO ANSWER,

5

MOVE, OR OTHERWISE RESPOND TO THE COMPLAINT AND FOR AN EXTENDED

6

BRIEFING SCHEDULE via the CM/ECF system on November 1, 2011.

7
8

By: /s/ Elizabeth L. Deeley
Elizabeth Deeley

DATED: November 1, 2011

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CERTIFICATE OF SERVICE

1

CASE NO. 11-CV-04561 EDL