Wilson v. Frito-Lay North America, Inc. et al
Filing
75
STIPULATION AND ORDER Concerning Discovery; Continuing Case Management Conference and Extending Deadline to Respond to Second Amended Complaint. Case Management Statement due by 1/17/2014. Case Management Conference set for 1/24/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 11/07/2013. (tmi, COURT STAFF) (Filed on 11/7/2013)
1
2
3
4
GIBSON, DUNN & CRUTCHER LLP
ANDREW S. TULUMELLO, SBN 196484
atulumello@gibsondunn.com
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Telephone: 202.955.8500
Facsimile: 202.467.0539
5
Attorneys for Defendant Frito-Lay North America, Inc.
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
12
MARKUS WILSON and DOUG
CAMPEN, individually and on behalf of all
others similarly situated,
13
14
15
Case No. 3:12-CV-01586-SC
STIPULATION EXTENDING TIME TO
RESPOND TO THE SECOND AMENDED
COMPLAINT; STIPULATION AND
[PROPOSED] ORDER CONCERNING
DISCOVERY AND TO CONTINUE THE
CASE MANAGEMENT CONFERENCE
Plaintiffs,
v.
FRITO-LAY NORTH AMERICA, INC.,
16
Defendant.
17
18
WHEREAS, on May 1, 2013, Plaintiffs filed their Second Amended Complaint;
19
WHEREAS, on June 7, 2013, Defendant filed a Motion to Dismiss the Second Amended
20
21
22
23
24
25
26
Complaint;
WHEREAS, on October 24, 2013, this Court granted in part and denied in part Defendant’s
Motion to Dismiss;
WHEREAS, absent an extension, Defendant’s deadline to answer the Second Amended
Complaint is currently November 7, 2013;
WHEREAS, Plaintiffs and Defendant agree that the time for Defendant to answer the Second
Amended Complaint shall be extended twenty-nine (29) days to and including December 6, 2013,
27
28
STIPULATION EXTENDING TIME TO RESPOND; STIPULATION AND [PROPOSED] ORDER CONCERNING
DISCOVERY AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. C13-3988-SC
1
1
pursuant to Local Rule 6-1(a), which permits parties to enter into written stipulations extending the
2
time in which Defendant must answer a complaint without Court approval;
3
WHEREAS, Plaintiffs request to serve discovery after Defendant answers the Second
4
Amended Complaint, and Defendant does not oppose this request, provided that Defendant’s
5
responses shall not be due until January 30, 2014 (assuming that Plaintiffs serve their requests before
6
December 31, 2013);
7
8
9
WHEREAS, this Court related the above-captioned matter to Figy v. Frito-Lay North
America, Inc., No. 13-CV-3988 (“Figy”), on October 15, 2013;
WHEREAS, counsel for the parties have conferred and the parties agree that it would
10
preserve judicial and party resources to continue the Case Management Conference in the above-
11
captioned matter, currently scheduled for November 15, 2013, until January 24, 2014, to coincide
12
with the Case Management Conference scheduled for that day in Figy;
13
IT IS HEREBY STIPULATED AND AGREED that Defendant shall have up to and including
14
December 6, 2013, to answer the Second Amended Complaint. Nothing in this Stipulation shall be
15
construed as a waiver of any of Plaintiffs’ or Defendant’s rights, defenses, or arguments they would
16
otherwise have; and
17
IT IS ALSO HEREBY STIPULATED AND AGREED, subject to the Court’s approval, that:
18
The parties may serve discovery immediately after Defendant answers the Second
19
Amended Complaint;
20
The parties’ responses to any discovery requests served prior to December 31, 2013
21
shall not be due until January 30, 2014;
22
The Case Management Conference scheduled in the above-captioned matter for
23
November 15, 2013, is continued until January 24, 2014; and
24
The parties will submit a joint case management statement in the above-captioned
25
matter on or before January 17, 2014.
26
27
In accordance with N.D. Cal. Local Rule 5-1, the filer of this document hereby attests that the
concurrence to the filing of this document has been obtained from the other signatories hereto.
28
STIPULATION EXTENDING TIME TO RESPOND; STIPULATION AND [PROPOSED] ORDER CONCERNING
DISCOVERY AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. C13-3988-SC
2
1
Dated: November 6, 2013
Gibson, Dunn & Crutcher LLP
2
By:
3
4
Andrew S. Tulumello
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Telephone: 202.955.8500
Facsimile: 202.467.0539
5
6
7
Attorneys for Defendant Frito-Lay North America,
Inc.
8
9
/s/ Andrew S. Tulumello
Andrew S. Tulumello
Dated: November 6, 2013
10
Don Barrett, P.A.
By:
11
/s/ David Malcolm McMullan, Jr.
David Malcolm McMullan, Jr.
David Malcolm McMullan, Jr.
P.O. Box 987
404 Court Square North
Lexington, MS 39095
Telephone: 662.834.2376
12
13
14
15
Ben F. Pierce Gore
Pratt & Associates
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: 408.429.6506
Facsimile: 408.369.0752
16
17
18
19
Attorneys for Plaintiffs Markus Wilson and
Doug Campen
20
21
22
PURSUANT TO THIS STIPULATION, IT IS SO ORDERED.
S
UNIT
ED
24
RT
U
O
23
ISTRIC
ES D
TC
AT
T
11/07/2013
Date: ____________________
NO
onti
LI
A
H
ER
27
FO
amuel C
Judge S
RT
26
R NIA
Hon. Samuel Conti
25
N
F
D IS T IC T O
R
C
28
STIPULATION EXTENDING TIME TO RESPOND; STIPULATION AND [PROPOSED] ORDER CONCERNING
DISCOVERY AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. C13-3988-SC
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?