Brod v. Sioux Honey Association,Cooperative

Filing 39

STIPULATION AND ORDER RESETTING MOTION AND CMC TO 8/10/12 AT 1:30 P.M., Set/Reset Deadlines as to 25 MOTION to Dismiss . Case Management Statement due by 8/3/2012. Case Management Conference set for 8/10/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 8/10/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 7/18/12. (bpf, COURT STAFF) (Filed on 7/18/2012)

1 Laurence D. King (SBN 206423)
Linda M. Fong (SBN 124232)
2 KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, Suite 400
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: 415-772-4707
Email: [e-mail]
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[e-mail]
6 Attorneys for Plaintiff Gregory Brod
7 [Additional counsel listed on signature block]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

11 GREGORY BROD, individually and on behalf
of all others similarly situated,
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Plaintiff,
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v.

15 SIOUX HONEY ASSOCIATION,
COOPERATIVE, an Iowa entity,
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Defendants.
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Case No. CV 12 01322 EMC

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STIPULATION FOR CONTINUANCE OF
HEARING ON MOTION TO DISMISS
FILED BY SIOUX HONEY ASSOCIATION
COOPERATIVE AND CASE
MANAGEMENT CONFERENCE ; ORDER
Date:
Time:
Dept.:
Judge:

July 19, 2012
1:30 p.m.
Courtroom 5-17th Floor
Hon. Edward M. Chen

WHEREAS Defendant Sioux Honey Association, Cooperative’s Motion to Dismiss

19 Pursuant to Fed. R. Civ. P. Rules 12(b)(1) and 12 (b)(6), is set for hearing on July 19, 2012 at 1:30
20 p.m. The Court has also scheduled a case management conference for the same date and time.
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WHEREAS Robert Lax, one of Plaintiff’s counsel, has been designated as Plaintiff’s

22 representative to present oral argument on Defendant’s Motion to Dismiss.
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WHEREAS, Mr. Lax’s flight from JFK International Airport has been delayed due to a

24 major hail and thunder storm at the airport and it is uncertain at this time whether his flight will
25 leave tonight or not.
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WHEREFOR pursuant to the United States District Court for the Northern District of

27 California Local Rules, Rules 6-2 and 7-12, Brod and Sioux Honey respectfully request that the
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STIPULATION FOR CONTINUANCE OF HEARING ON MOTION TO DISMISS FILED BY SIOUX HONEY
ASSOCIATION COOPERATIVE AND CASE MANAGEMENT CONFERENCE
CASE NO. CV 12 01322 EMC

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court issue an order permitting a brief continuance of the hearing on Defendant’s Motion to Dismiss
and the case management conference.
SO STIPULATED.

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5 Dated: July 18, 2012

HINSHAW & CULBERTSON LLP

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/s/David Ian Dalby
Attorneys for Defendant Sioux Honey Association
Cooperative

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10 Dated: July 18, 2012

KAPLAN FOX & KILSHEIMER LLP

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/s/ Linda Fong
Attorneys for Plaintiff Gregory Brod

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S DISTRICT
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_______________________________________
TA

RT
U
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JUDGE OF THE DISTRICT COURT

NO

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RT

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25

. Chen

ward M
udge Ed

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R NIA

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ERED
O ORD D
IT IS S
DIFIE
AS MO

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LI

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Dated: July __, 2012

A

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and CMC are reset to 8/10/12 at 1:30 p.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the motion to dismiss

UNIT
ED

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N

F
D IS T IC T O
R

C

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STIPULATION FOR CONTINUANCE OF HEARING ON MOTION TO DISMISS FILED BY SIOUX HONEY
ASSOCIATION COOPERATIVE AND CASE MANAGEMENT CONFERENCE
CASE NO. CV 12 01322 EMC

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DECLARATION OF LINDA M. FONG

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I, Linda M. Fong declare,
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I am an attorney licensed to practice in the State of California and I am admitted to

practice before this court. I have personal knowledge of the facts recited in this declaration and
could competently testify thereto if called upon to do.
2.

Co-counsel Robert Lax is Plaintiff’s representative designated to present oral

argument on behalf of Plaintiff in opposition to Defendant’s motion to dismiss, currently scheduled
for hearing on July 19, 2012 at 1:30 p.m. I have conferred with co-counsel Robert Lax several times
today, including most recently at 3:00 p.m. PST, and he has informed me that due to a major hail and
thunder storm it is uncertain if his plane will depart tonight or not. If the Court intends to reset the
hearing next week, Mr. Lax is available on July 23, 24 or 25, 2012.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Dated: July 18, 2012

/s/ Linda M. Fong

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STIPULATION FOR CONTINUANCE OF HEARING ON MOTION TO DISMISS FILED BY SIOUX HONEY
ASSOCIATION COOPERATIVE AND CASE MANAGEMENT CONFERENCE
CASE NO. CV 12 01322 EMC

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ATTESTATION

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I, Linda M. Fong, am the ECF User whose ID and password are being used to file this

3 Stipulation. In compliance with General Order 45, section X.B., I hereby attest that I have on file the
4 concurrences for any signatures indicated by a “conformed” signature (/s/) within this efiled
5 document.
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By: __s/ Linda M. Fong_________________
Linda M. Fong

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STIPULATION FOR CONTINUANCE OF HEARING ON MOTION TO DISMISS FILED BY SIOUX HONEY
ASSOCIATION COOPERATIVE AND CASE MANAGEMENT CONFERENCE
CASE NO. CV 12 01322 EMC