Colucci et al v. ZonePerfect Nutrition Company

Filing 18

STIPULATION AND ORDER Defendants' motion and the case management conference are set for 4/6/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. (tdm, COURT STAFF) (Filed on 12/19/2011)

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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

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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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JAMES COLUCCI and KIMBERLY S.
SETHAVANISH,

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Plaintiffs,
vs.
ZONEPERFECT NUTRITION COMPANY,
Defendant.

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CASE NO. 11-CV-04561 SC
STIPULATION TO EXTEND THE
TIME FOR DEFENDANT
ZONEPERFECT NUTRITION
COMPANY TO ANSWER, MOVE, OR
OTHERWISE RESPOND TO THE
COMPLAINT AND RESCHEDULE
INITIAL CASE MANAGEMENT
CONFERENCE

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & RESCHEDULE INITIAL CMC

CASE NO. 11-CV-04561 SC

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WHEREAS, Plaintiffs filed a Complaint in the above-captioned case on or about September
14, 2011;
WHEREAS, on or about September 14, 2011 the Court entered an order setting the Case
Management Conference for January 3, 2012;
WHEREAS, the parties are privately negotiating and exploring mediation in an effort to
resolve the pending dispute;

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WHEREAS, on September 30, November 2, and November 12, 2011, the parties entered into

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stipulations to extend the time for Defendant to answer, move, or otherwise respond to Plaintiffs’

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Complaint (“Response Date”), now required on or before January 13, 2012, in order to facilitate

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these efforts;
WHEREAS, the parties agreed to exchange information on a confidential basis in order to
facilitate these efforts;

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WHEREAS, on or about November 30, 2011, this case was reassigned to the Honorable

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Samuel Conti and on December 1, 2011, and the Court entered an order rescheduling the Case

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Management Conference for January 13, 2012;

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WHEREAS, the parties believe that, in light of the ongoing private discussions and

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possibility of mediation, adjourning the Defendant’s Response Date until February 10, 2012 and

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rescheduling the Case Management Conference for April 6, 2012 would facilitate the parties efforts

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to try to resolve this action and would best conserve the resources of the parties and the Court;

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WHEREAS, the parties anticipate that, in the event the discussions are not successful, a
motion by Defendant is the likely response to Plaintiffs’ Complaint; and

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WHEREAS, the parties agree that it would be most efficient and best conserve the resources

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of the parties and the Court to conduct the Case Management Conference in connection with any

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hearing on Defendants’ motion so they have proposed both to occur on April 6, 2012;

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

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parties shall adhere to the following schedule for the briefing of Defendants’ motion and the Case

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Management Conference and related deadlines:

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & RESCHEDULE INITIAL CMC

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CASE NO. 11-CV-04561 SC

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(i)

Defendant shall have until February 10, 2012 (the “Response Date”) to answer, move,

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or otherwise respond to the Complaint;

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(ii)

Plaintiff’s Opposition to Defendant’s Motion shall be filed on or before March 9,

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2012;

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(iii)

Defendant’s Reply shall be filed on or before March 23, 2012; and

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(iv)

The Case Management Conference shall be held on April 6, 2012, with the parties to

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file one Joint Case Management Conference Statement seven days prior to the

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conference. Defendants shall notice the hearing of its responsive motion for the same

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date.

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It is further stipulated that in the event that the Defendant should agree or be ordered to

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answer, move, or otherwise respond to a complaint in any subsequently filed case based on the same

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

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Defendant shall respond to the Complaint on that same, earlier date.

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IT IS SO STIPULATED.
Respectfully submitted,

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KIRKLAND & ELLIS LLP

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By: /s/ Elizabeth L. Deeley

DATED: December 16, 2011

Elizabeth L. Deeley

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Attorneys for Defendant
ZONEPERFECT NUTRITION COMPANY

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LAW OFFICE OF JANET LINDNER SPIELBERG

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ERED

ORD
T IS SO

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RT

I, Elizabeth L. Deeley, am the ECF user whose ID and password are being used to file this Stipulation to Extend
E
C
the Time for R N
Defendant ZonePerfect Nutrition Company to Answer, Move, or Otherwise Respond to the Complaint and
F
D I S Case Management Conference. In compliance with General Order 45, X.B., I hereby attest that
Reschedule the InitialT R I C T O
the following attorneys have concurred in this filing: Janet Lindner Spielberg, counsel for Plaintiffs, James Colucci and
Kimberley S. Sethavanish.
H

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FO

NO

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onti

amuel C

Judge S

Attorneys for Plaintiffs
JAMES COLUCCI and KIMBERLY S.
SETHAVANISH

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Janet Lindner Spielberg1

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UNIT
ED

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ISTRIC
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By: /s/ Janet Lindner Spielberg

DATED: December 16, 2011

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & RESCHEDULE INITIAL CMC

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CASE NO. 11-CV-04561 SC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: December ___, 2011

_____________________________________
The Honorable Samuel Conti

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & RESCHEDULE INITIAL CMC

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CASE NO. 11-CV-04561 SC

CERTIFICATE OF SERVICE

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

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service are being served with a copy of the attached STIPULATION TO EXTEND THE TIME

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FOR DEFENDANT ZONEPERFECT NUTRITION COMPANY TO ANSWER, MOVE, OR

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OTHERWISE RESPOND TO THE COMPLAINT AND RESCHEDULE INITIAL CASE

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MANAGEMENT CONFERENCE via the CM/ECF system on December 16, 2011.

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By: /s/ Elizabeth L. Deeley
Elizabeth Deeley

DATED: December 16, 2011

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CERTIFICATE OF SERVICE

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CASE NO. 11-CV-04561 SC