High v. The Choice Manufacturing Company, Inc. et al

Filing 20

STIPULATION AND ORDER RE AMENDING COMPLAINT AND EXTENSION OF TIME TO ANSWER re 19 Stipulation filed by Jackie L. High. Signed by Judge Edward M. Chen on 1/11/12. (bpf, COURT STAFF) (Filed on 1/11/2012)

1 THE MEHDI FIRM
AZRA Z. MEHDI (220406)
2 One Market
Spear Tower, Suite 3600
3 San Francisco, CA 94105
Telephone: [phone]
4 Fax: [phone]
[e-mail]
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Counsel for Plaintiff
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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11 JACKIE L. HIGH, Individually and on Behalf )
of All Others Similarly Situated,
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Plaintiff,
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vs.
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14 THE CHOICE MANUFACTURING
COMPANY, INC., MEPCO FINANCE
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15 CORPORATION, and DOES 3 through 20,
inclusive,
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Defendants.
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Case No. 3:11-CV-05478-EMC
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
REGARDING AMENDING COMPLAINT
AND EXTENSION OF TIME TO ANSWER
OR OTHERWISE RESPOND TO FIRST
AMENDED COMPLAINT

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WHEREAS, on November 10, 2011, plaintiff Jackie L. High filed a complaint for
violation of California Business & Professions Code Sections 17200 and 17500, et seq.; Breach
of Contract and the Covenant of Good Faith & Fair Dealing; and breach of Express Warranty
against The Choice Manufacturing Company, Inc. (“Choice Manufacturing”) and MEPCO
Finance Corporation (“MEPCO”), captioned High v. The Choice Manufacturing Company, Inc.,
et al., Case No. CV-11-05478-EMC;
WHEREAS on December 15, 2011, plaintiff filed an Amended Complaint (“AC”)
pursuant to Federal Rule of Civil Procedure 15(a);
WHEREAS defendant MEPCO has until January 11, 2012 and defendant Choice
Manufacturing has until January 17, 2012 to answer or otherwise respond to the AC;
WHEREAS plaintiff wishes to further amend the AC to include a claim for violation of
the Consumer Legal Remedies Act (“CLRA”) against defendant Choice Manufacturing;
WHEREAS plaintiff could not have included this claim in the AC because of the notice
requirement in Cal. Civ. Code §1782(a)(2);
WHEREAS defendants are amenable to plaintiff amending her AC to include a claim for
violation of the CLRA against Choice Manufacturing and allowing defendants additional time in
which to answer or respond to the such amended pleading;
IT IS ACCORDINGLY STIPULATED, by and between undersigned counsel for the
parties, that
(1)

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Plaintiff will file and serve her First Amended Complaint (“FAC”) by January 11,
2012;

(2)

Defendants Choice Manufacturing and MEPCO will have until February 17, 2012
to answer or otherwise respond to the FAC.

DATED: January 10, 2012

THE MEHDI FIRM

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/s/
AZRA Z. MEHDI

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STIPULATION AND [PROPOSED] ORDER
REGARDING AMENDING COMPLAINT AND
EXTENSION OF TIME TO ANSWER OR OTHERWISE
RESPOND TO AMENDED COMPLAINT
1

Case No. 3:11-CV-05478-EMC

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One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiff Jackie L. High

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DATED: January 10, 2012

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DOWNEY BRAND
/s/
JAMIE DREHER
621 Capital Mall, 18th Floor
Sacramento, CA 95814
Telephone: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendant MEPCO Finance
Corporation

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DATED: January 10, 2012

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/s/
MAZDA K. ANTIA
4401 Eastgate Mall
San Diego, CA 92121
Telephone: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendant The Choice
Manufacturing Company, Inc.

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COOLEY LLP

Pursuant to General Order No. 45 Section X(B), all signatories concur in filing this stipulation.

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Dated: January 10, 2012

By:

/s/
AZRA Z. MEHDI

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STIPULATION AND [PROPOSED] ORDER
REGARDING AMENDING COMPLAINT AND
EXTENSION OF TIME TO ANSWER OR OTHERWISE
RESPOND TO AMENDED COMPLAINT
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Case No. 3:11-CV-05478-EMC

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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THE MEHDI FIRM
AZRA Z. MEHDI (220406)

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___________/s/____________
AZRA Z. MEHDI

ER

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dward
Judge E

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Submitted by:

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_______________________________________
THE HONORABLE EDWARD M. CHEN
ED
UNITED STATESRDER
SO O DISTRICT JUDGE

UNIT
ED

1/11/12
DATED: _____________________

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One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiff

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STIPULATION AND [PROPOSED] ORDER
REGARDING AMENDING COMPLAINT AND
EXTENSION OF TIME TO ANSWER OR OTHERWISE
RESPOND TO AMENDED COMPLAINT
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Case No. 3:11-CV-05478-EMC