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)

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GIBSON, DUNN & CRUTCHER LLP
ANDREW S. TULUMELLO, SBN 196484
[e-mail]
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Telephone: [phone]
Facsimile: 202.467.0539

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Attorneys for Defendant Frito-Lay North America, Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MARKUS WILSON and DOUG
CAMPEN, individually and on behalf of all
others similarly situated,

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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.,

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Defendant.

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WHEREAS, on May 1, 2013, Plaintiffs filed their Second Amended Complaint;

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WHEREAS, on June 7, 2013, Defendant filed a Motion to Dismiss the Second Amended

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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,

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STIPULATION EXTENDING TIME TO RESPOND; STIPULATION AND [PROPOSED] ORDER CONCERNING
DISCOVERY AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. C13-3988-SC
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pursuant to Local Rule 6-1(a), which permits parties to enter into written stipulations extending the

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time in which Defendant must answer a complaint without Court approval;

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WHEREAS, Plaintiffs request to serve discovery after Defendant answers the Second

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Amended Complaint, and Defendant does not oppose this request, provided that Defendant’s

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responses shall not be due until January 30, 2014 (assuming that Plaintiffs serve their requests before

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December 31, 2013);

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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

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preserve judicial and party resources to continue the Case Management Conference in the above-

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captioned matter, currently scheduled for November 15, 2013, until January 24, 2014, to coincide

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with the Case Management Conference scheduled for that day in Figy;

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IT IS HEREBY STIPULATED AND AGREED that Defendant shall have up to and including

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December 6, 2013, to answer the Second Amended Complaint. Nothing in this Stipulation shall be

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construed as a waiver of any of Plaintiffs’ or Defendant’s rights, defenses, or arguments they would

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otherwise have; and

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IT IS ALSO HEREBY STIPULATED AND AGREED, subject to the Court’s approval, that:

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The parties may serve discovery immediately after Defendant answers the Second

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Amended Complaint;

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The parties’ responses to any discovery requests served prior to December 31, 2013

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shall not be due until January 30, 2014;

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The Case Management Conference scheduled in the above-captioned matter for

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November 15, 2013, is continued until January 24, 2014; and

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The parties will submit a joint case management statement in the above-captioned

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matter on or before January 17, 2014.

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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.

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STIPULATION EXTENDING TIME TO RESPOND; STIPULATION AND [PROPOSED] ORDER CONCERNING
DISCOVERY AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. C13-3988-SC
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Dated: November 6, 2013

Gibson, Dunn & Crutcher LLP

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By:

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Andrew S. Tulumello
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Telephone: [phone]
Facsimile: 202.467.0539

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Attorneys for Defendant Frito-Lay North America,
Inc.

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/s/ Andrew S. Tulumello
Andrew S. Tulumello

Dated: November 6, 2013

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Don Barrett, P.A.
By:

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/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: [phone]

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Ben F. Pierce Gore
Pratt & Associates
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Facsimile: 408.369.0752

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Attorneys for Plaintiffs Markus Wilson and
Doug Campen

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PURSUANT TO THIS STIPULATION, IT IS SO ORDERED.
S
UNIT
ED

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RT
U
O

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ISTRIC
ES D
TC
AT
T

11/07/2013
Date: ____________________

NO

onti

LI
A

H

ER

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FO

amuel C

Judge S

RT

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R NIA

Hon. Samuel Conti
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N

F
D IS T IC T O
R

C

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STIPULATION EXTENDING TIME TO RESPOND; STIPULATION AND [PROPOSED] ORDER CONCERNING
DISCOVERY AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE
CASE NO. C13-3988-SC
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