Colucci et al v. ZonePerfect Nutrition Company

Filing 34

STIPULATION AND ORDER: Defendant shall have until March 30, 2012, to file a Motion to Dismiss the First Amended Complaint; Plaintiffs shall have until April 27, 2012, to file an Opposition to the Motion to Dismiss the First Amended Complaint; Defenda nt shall have until May 11, 2012, to Reply to the Plaintiffs Opposition; Defendant shall notice a hearing on its Motion to Dismiss for May 25, 2012; The Case Management Conference shall be held on June 22, 2012, 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. (tdm, COURT STAFF) (Filed on 3/13/2012)

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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
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) STIPULATION AND [PROPOSED]
) ORDER EXTENDING DEADLINES
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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES

CASE NO. 11-CV-04561 SC

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WHEREAS, Plaintiffs filed a First Amended Complaint in the above-captioned case on or
about September 14, 2011;
WHEREAS, on or about November 30, 2011, this case was reassigned to the Honorable
Samuel Conti;
WHEREAS, in response to Defendants’ Motion to Dismiss filed February 10, 2012,
Plaintiffs filed a First Amended Complaint on March 2, 2012;

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WHEREAS, the parties anticipate that Defendant will file another Motion to Dismiss, and

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that this motion will be long and complex—raising inter alia issues of federal regulatory policy,

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federal preemption, and matters of statutory application under California—such that the parties agree

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that, in accordance with the Commentary to Local Rule 7-2, an extended briefing schedule will best

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allow the parties to adequately and appropriately present the relevant issues to the Court;

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WHEREAS, the parties further agree that, particularly as this case is a putative class action

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and Defendant’s motion is potentially dispositive of this case, it would best conserve the resources of

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the parties and the Court to postpone the initial Case Management Conference until after the Court

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rules on Defendant’s forthcoming Motion to Dismiss, which will best allow the parties to assess the

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appropriate scope and timing of further proceedings in this case for presentation to the Court;

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WHEREAS, on September 30, November 2, November 12, 2011, and December 16, 2011

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the parties entered into stipulations to extend the time for the Defendant to answer, move, or

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otherwise respond to Plaintiffs’ Complaint and reschedule the Case Management Conference, now

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set for April 6, 2012;

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WHEREAS, since the Plaintiffs filed the Amended Complaint on March 2, 2012, neither the
Plaintiffs nor the Defendant have sought a stipulation or an extension; and
WHEREAS, the parties having confirmed the availability of June 22, 2012 as an available
date on the Court’s calendar for a Case Management Conference;

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES

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CASE NO. 11-CV-04561 SC

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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 the Defendant’s expected motion,

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the Case Management Conference, and related deadlines:

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(i)

Defendant shall have until March 30, 2012, to file a Motion to Dismiss the First

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Amended Complaint;

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(ii)

Plaintiffs shall have until April 27, 2012, to file an Opposition to the Motion to

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Dismiss the First Amended Complaint;

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(iii)

Defendant shall have until May 11, 2012, to Reply to the Plaintiffs’ Opposition;

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(iv)

Defendant shall notice a hearing on its Motion to Dismiss for May 25, 2012;

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(v)

The Case Management Conference shall be held on June 22, 2012, or such later time

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as is convenient for the Court, with the parties to file one Joint Case Management

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Statement seven days prior to the conference.

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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: March 9, 2012

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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By: /s/ Janet Lindner Spielberg

DATED: March 9, 2012

ED

ORDER

onti

Judge S

H

ER

LI

RT

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Attorneys for Plaintiffs
JAMES COLUCCI and KIMBERLY S.
SETHAVANISH

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amuel C

NO

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O
IT IS S

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UNIT
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Janet Lindner Spielberg1

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ISTRIC
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I, Elizabeth L. Deeley, am the ECF user whose ID and password are being used to file this Stipulation and
[Proposed] Order Extending Deadlines. 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 AND [PROPOSED] ORDER
EXTENDING DEADLINES

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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: ______________, 2012

_____________________________________
The Honorable Samuel Conti

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES

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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 AND [PROPOSED] ORDER

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EXTENDING DEADLINES via the CM/ECF system on March 9, 2012.

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DATED: March 9, 2012

By: /s/ Elizabeth L. Deeley
Elizabeth Deeley

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CERTIFICATE OF SERVICE

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CASE NO. 11-CV-04561 SC