Ho v. Toyota Motor Sales, U.S.A., Inc.
Filing
23
Stipulation and Order extending time for defendants to respond to first amended class action complaint; setting briefing schedule; and continuing cmc date and related dates,, Defendants' Motion to Dismiss Hearing set for 12/7/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Case Management Conference set for 2/8/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 9/10/12. (tdm, COURT STAFF) (Filed on 9/11/2012) Modified on 9/11/2012 (tdm, COURT STAFF).
1
2
3
4
5
6
7
8
MICHAEL L. MALLOW (SBN 188745)
mmallow@loeb.com
DENISE A. SMITH-MARS (SBN 215057)
dmars@loeb.com
DARLENE M. CHO (SBN 251167)
dcho@loeb.com
LOEB & LOEB LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Telephone: 310.282.2000
Facsimile: 310.282.2200
Attorneys for Defendant
TOYOTA MOTOR SALES, U.S.A.,
INC.
9
UNITED STATES DISTRICT COURT
10
11
12
13
NORTHERN DISTRICT OF CALIFORNIA
MUI HO, SHELDA ANGLIN, and TED
FLORY, individually, and on behalf of
other members of the general public
similarly situated,
Plaintiffs,
14
15
v.
17
TOYOTA MOTOR CORPORATION,
and TOYOTA MOTOR SALES,
U.S.A., INC.,
18
Defendants.
16
19
20
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: C 12-02672 SC
Assigned to Hon. Samuel Conti
STIPULATION TO EXTEND
TIME TO RESPOND TO FIRST
AMENDED CLASS ACTION
COMPLAINT; FOR ORDER
SETTING BRIEFING
SCHEDULE; AND CONTINUING
CASE MANAGEMENT
CONFERENCE DATE AND
RELATED DATES
Complaint filed: May 24, 2012
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations
LA2232034.1
212799-10030
STIPULATION TO EXTEND TIME TO RESPOND TO
FIRST AMENDED COMPLAINT AND CONTINUING
CMC DATE AND RELATED DATES
1
This stipulation is entered into by Toyota Motor Corporation (“TMC”) and
2
Toyota Motor Sales, U.S.A., Inc. (“TMS”) (collectively, “Toyota”), and Plaintiffs
3
Mui Ho, Shelda Anglin, and Ted Flory (collectively, “Plaintiffs”) (collectively, the
4
“Parties”), by and through their respective counsel, with reference to the following
5
facts and recitals:
6
WHEREAS, on August 15, 2012, Plaintiffs filed a First Amended Class
7
Action Complaint (the “FAC”), which, for the first time, named TMC as an
8
additional defendant in this action;
9
10
11
12
13
14
15
WHEREAS, pursuant to the Court’s Order dated July 30, 2012, the deadline
for TMS to respond to the FAC is September 14, 2012 [Docket #20];
WHEREAS, as of the date of this Stipulation, TMC has not been served with
the Summons and FAC in this action;
WHEREAS, the Parties agree that their preference is to have TMS and TMC
jointly file any response to the FAC;
WHEREAS, the case management conference in this action is currently
16
scheduled for December 7, 2012 at 10:00 a.m.; and
17
WHEREAS, no trial date has been set.
18
NOW, THEREFORE:
19
1.
It is stipulated that TMC will be deemed to be served as of the date this
20
Stipulation is filed with the Court. Notwithstanding the date on which service on
21
TMC is deemed to have been effected, TMC shall file a response to Plaintiffs’ FAC
22
pursuant to paragraph 2 below.
23
2.
The Parties hereby stipulate and agree, subject to Court approval, that
24
TMC and TMS shall have until October 12, 2012 to file a response to Plaintiffs’
25
FAC. To the extent TMC and TMS’ response is a motion, the Parties agree to the
26
following briefing schedule, pursuant to the Commentary to Local Rule 7-2, which
27
states that “[f]or complex motions, parties are encouraged to stipulate to or seek a
28
Court order establishing a longer notice period with correspondingly longer periods
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations
LA2232034.1
212799-10030
2
STIPULATION TO EXTEND TIME TO RESPOND TO
FIRST AMENDED COMPLAINT AND CONTINUING
CMC DATE AND RELATED DATES
1
for response or reply”:
2
Deadline for Defendants to file motion:
Oct. 12, 2012
3
Deadline for Plaintiffs to file opposition:
Nov. 12, 2012
4
Deadline for Defendants to file reply:
Dec. 7, 2012
5
Hearing date on motion:
The earlier of Dec. 21, 2012 or
6
the
7
hearing date at the time the
8
hearing date is reserved by
9
Defendants
10
11
3.
Court’s
next
available
The Parties stipulate and agree, subject to Court approval, to the
following deadlines related to the Case Management Conference:
12
Deadline to hold Rule 26(f) conference:
Jan. 7, 2013
13
Deadline to file ADR Certification:
Jan. 7, 2013
14
Deadline to file ADR Stipulation or Request
15
for ADR Telephone Conference:
16
Deadline to file Joint Rule 26(f) Report / CMC Statement:
17
Deadline to serve Initial Disclosures:
Jan. 28, 2013
18
Case Management Conference:
Feb. 8, 2013 or at a later
Jan. 7, 2013
Jan. 28, 2013
19
date convenient for the
20
Court
21
4.
In exchange for TMC’s agreement to forego the formalities of the
22
Hague Service Convention otherwise required for service on TMC, Plaintiffs and
23
TMC agree to the following: (i) TMC will have a total of 90 days to respond to all
24
written discovery requests; (ii) any TMC corporate representative deposition noticed
25
under Fed. R. Civ. P. 30(b)(6) will be done on at least 90 days notice; and (iii) at
26
Defendants’ election, any depositions of a corporate representative noticed
27
under Fed. R. Civ. P. 30(b)(6) shall be conducted at a law office selected by
28
Defendants in the Los Angeles area.
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations
LA2232034.1
212799-10030
3
STIPULATION TO EXTEND TIME TO RESPOND TO
FIRST AMENDED COMPLAINT AND CONTINUING
CMC DATE AND RELATED DATES
1
DATED: September 10, 2012
2
3
LOEB & LOEB LLP
LAW OFFICES OF MARK YABLONOVICH
By
By
4
5
6
7
/s/ Darlene M. Cho
Darlene M. Cho
Attorneys for Defendants
/s/ Neda Roshanian (with counsel’s
permission)
Neda Roshanian
Attorneys for Plaintiffs
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations
LA2232034.1
212799-10030
4
STIPULATION TO EXTEND TIME TO RESPOND TO
FIRST AMENDED COMPLAINT AND CONTINUING
CMC DATE AND RELATED DATES
1
2
3
4
5
6
7
8
MICHAEL L. MALLOW (SBN 188745)
mmallow@loeb.com
DENISE A. SMITH-MARS (SBN 215057)
dmars@loeb.com
DARLENE M. CHO (SBN 251167)
dcho@loeb.com
LOEB & LOEB LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Telephone: 310.282.2000
Facsimile: 310.282.2200
Attorneys for Defendant
TOYOTA MOTOR SALES, U.S.A.,
INC.
9
UNITED STATES DISTRICT COURT
10
11
12
13
NORTHERN DISTRICT OF CALIFORNIA
MUI HO, SHELDA ANGLIN, and TED
FLORY, individually, and on behalf of
other members of the general public
similarly situated,
Plaintiffs,
14
15
v.
17
TOYOTA MOTOR CORPORATION,
and TOYOTA MOTOR SALES,
U.S.A., INC.,
18
Defendants.
16
19
20
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: C 12-02672 SC
Assigned to Hon. Samuel Conti
[PROPOSED] ORDER
EXTENDING TIME FOR
DEFENDANTS TO RESPOND TO
FIRST AMENDED CLASS
ACTION COMPLAINT;
SETTING BRIEFING
SCHEDULE; AND CONTINUING
CASE MANAGEMENT
CONFERENCE DATE AND
RELATED DATES
Complaint filed: May 24, 2012
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations
LA2232034.1
212799-10030
ORDER EXTENDING TIME TO RESPOND; SETTING
BRIEFING SCHEDULE; AND CONTINUING CMC
AND RELATED DATES
ORDER
1
2
Having read the Parties’ Stipulation To Extend Time To Respond To First
3
Amended Class Action Complaint; For Order Setting Briefing Schedule; and
4
Continuing Case Management Conference Date and Related Dates (the
5
“Stipulation”), and good cause appearing therefore,
6
IT IS HEREBY ORDERED that:
7
1.
The deadlines and dates in the Court’s Order dated July 30, 2012
8
[Docket #20] related to the motion to dismiss and case management conference,
9
including the hearing date reserved on November 16, 2012 and the case
10
11
management conference scheduled for December 7, 2012, are hereby vacated;
2.
Toyota Motor Corporation (“TMC”) is deemed to be served as of the
12
date of the filing of the Stipulation with the Court. Notwithstanding the date on
13
which service on TMC is deemed to have been effected, TMC shall file a response
14
to the FAC pursuant to paragraph 3 below.
15
3.
Toyota Motor Sales, U.S.A., Inc. (“TMS”) and TMC shall have until
16
October 12, 2012 to respond to Plaintiffs’ FAC. To the extent TMC and TMS’
17
response is a motion, the Parties shall file their respective briefs according to the
18
following schedule:
19
Deadline for Defendants to file motion:
Oct. 12, 2012
20
Deadline for Plaintiffs to file opposition:
Nov. 12, 2012
21
Deadline for Defendants to file reply:
Dec. 7, 2012
22
Hearing date on motion:
The earlier of Dec. 21, 2012 or
23
the
Court’s
next
available
24
hearing date at the time the
25
hearing date is reserved by
26
Defendants
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations
LA2232034.1
212799-10030
2
ORDER EXTENDING TIME TO RESPOND; SETTING
BRIEFING SCHEDULE; AND CONTINUING CMC
AND RELATED DATES
1
2
4.
The following schedule related to the Case Management Conference
shall apply:
3
Deadline to hold Rule 26(f) conference:
Jan. 7, 2013
4
Deadline to file ADR Certification:
Jan. 7, 2013
5
Deadline to file ADR Stipulation or Request
6
for ADR Telephone Conference:
7
Deadline to file Joint Rule 26(f) Report /
8
CMC Statement:
Jan. 28, 2013
9
Deadline to serve Initial Disclosures:
Jan. 28, 2013
Case Management Conference:
Feb. 8, 2013 or at a later
10
Jan. 7, 2013
11
date convenient for the
12
Court
13
5.
Consistent with the Parties’ Stipulation regarding discovery on TMC,
14
the Court orders that: (i) TMC will have a total of 90 days to respond to all written
15
discovery requests; (ii) any TMC corporate representative deposition noticed under
16
Fed. R. Civ. P. 30(b)(6) will be done on at least 90 days notice; and (iii) at
17
Defendants’ election, any depositions of a corporate representative noticed under
18
Fed. R. Civ. P. 30(b)(6) shall be conducted at a law office selected by Defendants in
19
the Los Angeles area.
9/10/12
DATED: ____________
UNIT
ED
S
RT
U
O
20
ISTRIC
ES D
TC
AT
______________________________
T
HON. SAMUEL CONTI
ERED
O ORD
22
SENIOR U.S. DISTRICT COURT JUDGE
IT IS S
onti
Judge S
A
H
LI
RT
ER
24
FO
amuel C
NO
23
R NIA
21
N
F
D IS T IC T O
R
C
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations
LA2232034.1
212799-10030
3
ORDER EXTENDING TIME TO RESPOND; SETTING
BRIEFING SCHEDULE; AND CONTINUING CMC
AND RELATED DATES
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?