In Re Clorox Consumer Litigation

Filing 36

STIPULATION AND ORDER Extending Time for Defendant to Respond to the Consolidated Complaint to 5/16/12. If Deft moves to Dismiss the Motion to Dismiss Hearing is set for 8/10/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. The Consolidated Case Management Conference set for 9/7/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 4/19/12. (tdm, COURT STAFF) (Filed on 4/19/2012)

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1 2 3 4 5 6 7 8 9 10 11 JENNER & BLOCK LLP Kenneth K. Lee (Cal. Bar No. 264296) klee@jenner.com Kelly M. Morrison (Cal. Bar No. 255513) kmorrison@jenner.com 633 West 5th Street, Suite 3600 Los Angeles, CA 90071-2054 Phone: (213) 239-5100 Facsimile: (213) 239-5199 JENNER & BLOCK LLP Dean N. Panos (pro hac vice) dpanos@jenner.com 353 N. Clark Street Chicago, IL 60654-3456 Phone: (312) 222-9350 Facsimile: (312) 527-0484 Attorneys for Defendant The Clorox Company 12 13 UNITED STATES DISTRICT COURT 14 FOR THE NORTHERN DISTRICT OF CALIFORNIA 15 16 Master File No. 3:12-cv-00280-SC 17 IN RE CLOROX CONSUMER LITIGATION _____________________________________ 18 This Document Relates To: 19 20 21 22 All Actions JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO CONSOLIDATED COMPLAINT; PROPOSED ORDER Action Filed: January 23, 2012 Consolidated Class Action Complaint Filed: April 11, 2012 23 24 25 26 27 28 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT 1 This stipulation is entered into by and between Plaintiffs Megan Sterritt, Kristin Luszcz, Lori 2 Kowalewski, Tina Butler-Furr, Catherine Lenz, Susan Doyle, and Jose Segarra (collectively, 3 “Plaintiffs”), and Defendant The Clorox Company (“Clorox” or “Defendant”), through their 4 respective counsel of record, with reference to the following facts: 5 1. On March 6, 2012, the Court approved a stipulation consolidating the various putative 6 class action lawsuits filed against Clorox relating to the Fresh Step cat litter, and designating the 7 complaint filed in the case styled Luszcz v. The Clorox Company as the operative complaint in this 8 action (“Complaint”). 9 2. On March 21, 2012, Clorox filed a motion to dismiss the Complaint. 10 3. On April 11, 2012, Plaintiffs filed an amended Consolidated Class Action Complaint 11 12 13 14 (“Consolidated Complaint”) pursuant to Rule 15 of the Federal Rules of Civil Procedure. 4. Under Rule 15, Clorox’s response to the Consolidated Complaint must be filed on or before April 25, 2012. 5. The Consolidated Complaint includes new factual allegations as well as legal causes 15 of actions not raised in the previously filed Complaint, which demand significant analysis on the part 16 of Clorox. 17 6. In light of the new issues raised in the Consolidated Complaint, Defendant and 18 Plaintiffs agree to extend the time for Defendant to respond to the Consolidated Complaint by 21 19 days from April 25, 2012, to May 16, 2012. 20 7. Further, in the event that Clorox moves to dismiss the Consolidated Complaint, 21 Defendant and Plaintiffs agree to extend the deadline for Plaintiffs to file their response to Clorox’s 22 motion to dismiss by 16 days from May 30, 2012, to June 15, 2012. Clorox will file a reply brief by 23 June 29, 2012. The hearing on Clorox’s motion to dismiss will be set for August 10, 2012 at 10:00 24 a.m. in Courtroom 1. 25 8. In light of the above-referenced schedule, the parties agree that all presently-set Case 26 Management Conferences should be taken off-calendar, and a new Conference should be set 27 following the hearing on Clorox’s motion to dismiss. 28 1 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT 1 2 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court’s approval, that: 3 1. Clorox shall respond to the Consolidated Complaint no later than May 16, 2012; 4 2. In the event Clorox files a motion to dismiss, Plaintiffs shall file their response to 5 Clorox’s motion to dismiss no later than June 15, 2012, Clorox will file a reply brief by June 29, 6 2012, and the hearing on Clorox’s motion to dismiss shall be set for August 10, 2012 at 10:00 a.m. 7 in Courtroom 1; 8 3. 9 10 11 All presently-set Case Management Conferences in the consolidated actions shall be taken off-calendar; and 4. The Court will hold a Case Management Conference on September 7, 2012 at 10:00 a.m. in Courtroom 1. The parties shall file a joint statement seven days prior to the Conference. 12 13 Dated: April 19, 2012 JENNER & BLOCK LLP 14 15 _/s Kenneth K. Lee_________________ By: Kenneth K. Lee 16 Attorneys for Defendant The Clorox Company Dated: April 19, 2012 ROBBINS GELLER RUDMAN AND DOWD LLP 18 19 _/s/_Mark Dearman____________________ By: Mark Dearman 20 Attorneys for Plaintiffs 21 PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: April 19 2012 __, ED ORDER NO 26 R NIA O ________________________________ IT IS S The Honorable Samuel Conti United States District muel Conti Court Judge dge Sa Ju RT 27 H ER 28 FO 25 UNIT ED 24 S DISTRICT TE C TA RT U O S 23 LI 22 A 17 N F D IS T IC T O R 2 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT C

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