Moralez v. Whole Foods Market Inc. et al

Filing 17

ORDER for extension of time to respond re 11 Stipulation for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint; [Proposed] Order filed by Whole Foods Market Inc. Deadline to respond extended until 5/11/2012. Signed by Judge Charles R. Breyer on 5/8/2012. (beS, COURT STAFF) (Filed on 5/9/2012)

Case3:12-cv-01072-CRB Document11 Filed04/12/12 Page1 of 5

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
2
RICHARD J. SIMMONS, Cal. Bar No. 72666
3 [e-mail]
DEREK R. HAVEL, Cal. Bar No. 193464
4 [e-mail]
333 South Hope Street, 43rd Floor
5 Los Angeles, California 90071-1422
Telephone: [phone]
6 Facsimile: 213-620-1398
7 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
8
HAYLEY S. GRUNVALD, Cal. Bar No. 227909
9 [e-mail]
501 West Broadway, 19th Floor
10 San Diego, California 92101
Telephone: [phone]
11 Facsimile: 619-234-3815
12 Attorneys for Defendant Whole Foods Market
California, Inc. (erroneously sued and served as
13 Whole Foods Market, Inc.)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FRANCISCA MORALEZ,

Case No. 4:12-cv-01072-LB

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Plaintiff,

[Complaint Filed March 2, 2012]

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v.
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WHOLE FOODS MARKET, INC.; BOND
21 CC OAKLAND LLC; and DOES 1-10,
Inclusive
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Defendants.
23

STIPULATION FOR EXTENSION OF
TIME TO ANSWER OR OTHERWISE
RESPOND TO PLAINTIFF'S
COMPLAINT; [PROPOSED] ORDER

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W02-WEST:8HES1\404923513.2

STIP FOR EXTENSION TO ANSWER/RESPOND
Case No. 4:12-cv-01072-LB

Case3:12-cv-01072-CRB Document11 Filed04/12/12 Page2 of 5

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STIPULATION

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3

1.

WHEREAS this action was filed by Plaintiff Francisca Moralez on

4 March 2, 2012 and served on Defendant Whole Foods Market California, Inc. (erroneously
5 sued and served as Whole Foods Market, Inc.) ("Defendant") on March 22, 2012;
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7

2.

WHEREAS April 12, 2012 is the date upon which Defendant must

8 file and serve an answer or otherwise respond to Plaintiff's Complaint;
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3.

WHEREAS good cause exists for an extension of time because

11 Defendant needs additional time to investigate adequately the claims alleged in this matter,
12 as well as all potential defenses and/or counterclaims to those claims;
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4.

WHEREAS Plaintiff does not oppose and has agreed to Defendant's

15 request that it may have through and including May 11, 2012 to answer or otherwise
16 respond to Plaintiff's Complaint;
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5.

WHEREAS the parties have not previously requested extensions of

19 time from this Court;
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the

22 parties, through their counsel, that this Court should extend the deadline for Defendant to
23 answer or otherwise respond to Plaintiff's Complaint through and including the date of
24 May 11, 2012.
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Case3:12-cv-01072-CRB Document11 Filed04/12/12 Page3 of 5

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Counsel for Plaintiff has agreed to the electronic filing of this Stipulation and

2 requested that Defendant's counsel submit an electronic signature on his behalf.
3
4 Dated: April 11, 2012
5

LAW OFFICES OF PAUL L. REIN

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By

7

/s/ Paul L. Rein
PAUL L. REIN
CELIA MCGUINNESS
CATHERINE M. CABALO

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9
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Attorneys for Plaintiff
FRANCISCA MORALEZ

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12
Dated: April 11, 2012
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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15

By
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17

/s/ Hayley S. Grunvald
RICHARD J. SIMMONS
DEREK R. HAVEL
HAYLEY S. GRUNVALD

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Attorneys for Defendant
WHOLE FOODS MARKET CALIFORNIA, INC.
(ERRONEOUSLY SUED AND SERVED AS
WHOLE FOODS MARKET, INC.)

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Case3:12-cv-01072-CRB Document11 Filed04/12/12 Page4 of 5

ORDER

1
2

Having reviewed and considered the above Stipulation of the parties, and

3 good cause appearing, IT IS SO ORDERED that the deadline for the Defendant Whole
4 Foods Market California, Inc. (erroneously sued and served as Whole Foods Market, Inc.)
5 to respond to the complaint is hereby extended until May 11, 2012.
6
PURSUANT TO STIPULATION, IT IS SO ORDERED.

8

UNIT
ED

RT
U
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S

May 8, 2012
9 DATED: _______________________

S DISTRICT
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10

rles R.
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RT

14

J

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15

Breyer

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17

FO

13

LI

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R NIA

_______________________________________
DERED
MAGISTRATES SO OR
JUDGE LAUREL BEELER
IT I
UNITED STATES DISTRICT

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A

7

N

D IS T IC T
R

OF

C

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Case3:12-cv-01072-CRB Document11 Filed04/12/12 Page5 of 5

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PROOF OF SERVICE

2

STATE OF CALIFORNIA, COUNTY OF SAN DIEGO

I am employed in the County of San Diego; I am over the age of eighteen years and
not a party to the within entitled action; my business address is 501 West Broadway, 19th
4 Floor, San Diego, California 92101-3598.
3

5

On April 12, 2012, I served the following documents:

6 STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE
RESPOND TO PLAINTIFF'S COMPLAINT
7
BY ELECTRONIC MAIL: I caused the above-entitled documents to be served through
8 CM ECF addressed to all parties appearing on the CM ECF electronic service list for the
above-entitled case. The file transmission was reported as completed and a copy of the
9 CM ECF Filing Receipt will be maintained with the original documents in our office.
Electronic Mail Notice List

10

11 The following are those who are currently on the list to receive e-mail notices for this case.
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Paul L. Rein, Esq.
Celia McGuinness, Esq.
Catherine M. Cabalo, Esq.
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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I declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made. I declare under penalty of perjury under the laws of
18 the United States of America that the foregoing is true and correct.
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Executed on April 12, 2012, at San Diego, California.

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/s/ Hayley S. Grunvald
HAYLEY S. GRUNVALD

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STIP FOR EXTENSION TO ANSWER/RESPOND
Case No. 4:12-cv-01072-LB