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).

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MICHAEL L. MALLOW (SBN 188745)
[e-mail]
DENISE A. SMITH-MARS (SBN 215057)
[e-mail]
DARLENE M. CHO (SBN 251167)
[e-mail]
LOEB & LOEB LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.282.2200
Attorneys for Defendant
TOYOTA MOTOR SALES, U.S.A.,
INC.

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UNITED STATES DISTRICT COURT

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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,

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v.

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TOYOTA MOTOR CORPORATION,
and TOYOTA MOTOR SALES,
U.S.A., INC.,

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Defendants.

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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

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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

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This stipulation is entered into by Toyota Motor Corporation (“TMC”) and

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Toyota Motor Sales, U.S.A., Inc. (“TMS”) (collectively, “Toyota”), and Plaintiffs

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Mui Ho, Shelda Anglin, and Ted Flory (collectively, “Plaintiffs”) (collectively, the

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“Parties”), by and through their respective counsel, with reference to the following

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facts and recitals:

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WHEREAS, on August 15, 2012, Plaintiffs filed a First Amended Class

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Action Complaint (the “FAC”), which, for the first time, named TMC as an

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additional defendant in this action;

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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

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scheduled for December 7, 2012 at 10:00 a.m.; and

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WHEREAS, no trial date has been set.

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NOW, THEREFORE:

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1.

It is stipulated that TMC will be deemed to be served as of the date this

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Stipulation is filed with the Court. Notwithstanding the date on which service on

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TMC is deemed to have been effected, TMC shall file a response to Plaintiffs’ FAC

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pursuant to paragraph 2 below.

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2.

The Parties hereby stipulate and agree, subject to Court approval, that

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TMC and TMS shall have until October 12, 2012 to file a response to Plaintiffs’

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FAC. To the extent TMC and TMS’ response is a motion, the Parties agree to the

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following briefing schedule, pursuant to the Commentary to Local Rule 7-2, which

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states that “[f]or complex motions, parties are encouraged to stipulate to or seek a

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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

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for response or reply”:

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Deadline for Defendants to file motion:

Oct. 12, 2012

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Deadline for Plaintiffs to file opposition:

Nov. 12, 2012

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Deadline for Defendants to file reply:

Dec. 7, 2012

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Hearing date on motion:

The earlier of Dec. 21, 2012 or

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the

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hearing date at the time the

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hearing date is reserved by

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Defendants

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3.

Court’s

next

available

The Parties stipulate and agree, subject to Court approval, to the

following deadlines related to the Case Management Conference:

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Deadline to hold Rule 26(f) conference:

Jan. 7, 2013

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Deadline to file ADR Certification:

Jan. 7, 2013

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Deadline to file ADR Stipulation or Request

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for ADR Telephone Conference:

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Deadline to file Joint Rule 26(f) Report / CMC Statement:

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Deadline to serve Initial Disclosures:

Jan. 28, 2013

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Case Management Conference:

Feb. 8, 2013 or at a later

Jan. 7, 2013
Jan. 28, 2013

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date convenient for the

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Court

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4.

In exchange for TMC’s agreement to forego the formalities of the

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Hague Service Convention otherwise required for service on TMC, Plaintiffs and

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TMC agree to the following: (i) TMC will have a total of 90 days to respond to all

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written discovery requests; (ii) any TMC corporate representative deposition noticed

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under Fed. R. Civ. P. 30(b)(6) will be done on at least 90 days notice; and (iii) at

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Defendants’ election, any depositions of a corporate representative noticed

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under Fed. R. Civ. P. 30(b)(6) shall be conducted at a law office selected by

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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

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DATED: September 10, 2012

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LOEB & LOEB LLP

LAW OFFICES OF MARK YABLONOVICH

By

By

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/s/ Darlene M. Cho
Darlene M. Cho
Attorneys for Defendants

/s/ Neda Roshanian (with counsel’s
permission)
Neda Roshanian
Attorneys for Plaintiffs

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Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2232034.1
212799-10030

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STIPULATION TO EXTEND TIME TO RESPOND TO
FIRST AMENDED COMPLAINT AND CONTINUING
CMC DATE AND RELATED DATES

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2
3
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MICHAEL L. MALLOW (SBN 188745)
[e-mail]
DENISE A. SMITH-MARS (SBN 215057)
[e-mail]
DARLENE M. CHO (SBN 251167)
[e-mail]
LOEB & LOEB LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.282.2200
Attorneys for Defendant
TOYOTA MOTOR SALES, U.S.A.,
INC.

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UNITED STATES DISTRICT COURT

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11
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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,

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15

v.

17

TOYOTA MOTOR CORPORATION,
and TOYOTA MOTOR SALES,
U.S.A., INC.,

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Defendants.

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)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

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

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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

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Having read the Parties’ Stipulation To Extend Time To Respond To First

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Amended Class Action Complaint; For Order Setting Briefing Schedule; and

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Continuing Case Management Conference Date and Related Dates (the

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“Stipulation”), and good cause appearing therefore,

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IT IS HEREBY ORDERED that:

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1.

The deadlines and dates in the Court’s Order dated July 30, 2012

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[Docket #20] related to the motion to dismiss and case management conference,

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including the hearing date reserved on November 16, 2012 and the case

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management conference scheduled for December 7, 2012, are hereby vacated;
2.

Toyota Motor Corporation (“TMC”) is deemed to be served as of the

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date of the filing of the Stipulation with the Court. Notwithstanding the date on

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which service on TMC is deemed to have been effected, TMC shall file a response

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to the FAC pursuant to paragraph 3 below.

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3.

Toyota Motor Sales, U.S.A., Inc. (“TMS”) and TMC shall have until

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October 12, 2012 to respond to Plaintiffs’ FAC. To the extent TMC and TMS’

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response is a motion, the Parties shall file their respective briefs according to the

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following schedule:

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Deadline for Defendants to file motion:

Oct. 12, 2012

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Deadline for Plaintiffs to file opposition:

Nov. 12, 2012

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Deadline for Defendants to file reply:

Dec. 7, 2012

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Hearing date on motion:

The earlier of Dec. 21, 2012 or

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the

Court’s

next

available

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hearing date at the time the

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hearing date is reserved by

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Defendants

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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

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4.

The following schedule related to the Case Management Conference

shall apply:

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Deadline to hold Rule 26(f) conference:

Jan. 7, 2013

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Deadline to file ADR Certification:

Jan. 7, 2013

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Deadline to file ADR Stipulation or Request

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for ADR Telephone Conference:

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Deadline to file Joint Rule 26(f) Report /

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CMC Statement:

Jan. 28, 2013

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Deadline to serve Initial Disclosures:

Jan. 28, 2013

Case Management Conference:

Feb. 8, 2013 or at a later

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Jan. 7, 2013

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date convenient for the

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Court

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5.

Consistent with the Parties’ Stipulation regarding discovery on TMC,

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the Court orders that: (i) TMC will have a total of 90 days to respond to all written

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discovery requests; (ii) any TMC corporate representative deposition noticed under

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Fed. R. Civ. P. 30(b)(6) will be done on at least 90 days notice; and (iii) at

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Defendants’ election, any depositions of a corporate representative noticed under

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Fed. R. Civ. P. 30(b)(6) shall be conducted at a law office selected by Defendants in

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the Los Angeles area.
9/10/12
DATED: ____________

UNIT
ED

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ISTRIC
ES D
TC
AT
______________________________
T

HON. SAMUEL CONTI
ERED
O ORD

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SENIOR U.S. DISTRICT COURT JUDGE

IT IS S

onti

Judge S

A

H

LI

RT
ER

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FO

amuel C

NO

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R NIA

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N

F
D IS T IC T O
R

C

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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