Clancy v. The Bromley Tea Company

Filing 33

STIPULATION AND ORDER re 27 EXTENDING TIME TO ANSWER AND CONTINUING THE CASE MANAGEMENT CONFERENCE filed by IRA BARBAKOFF, PAUL BARBAKOFF, EASTERN TEA CORP, DBA THE BROMLEY TEA COMPANY, LONDON HOLDING COMPANY, The Bromley Tea Company, BROMLEY PRODUCTS CORP., GLENN BARBAKOFF. Signed by Judge Edward M. Chen on 12/7/12. (bpf, COURT STAFF) (Filed on 12/7/2012)

1
2
3
4
5
6
7
8
9

WILLIAM L. STERN (CA SBN 96105)
[e-mail]
CLAUDIA M. VETESI (CA SBN 233485)
[e-mail]
LISA A. WONGCHENKO (CA SBN 281782)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
BROMLEY TEA COMPANY, EASTERN TEA CORP. D/B/A
BROMLEY TEA COMPANY, LONDON HOLDING
COMPANY, INC., BROMLEY PRODUCTS CORP., IRA
BARBAKOFF, PAUL BARBAKOFF AND GLENN
BARBAKOFF

10
11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN JOSE DIVISION

15
16

TONY CLANCY, on behalf of himself and all
others similarly situated,

17
Plaintiff,
18
v.
19
20
21
22
23

Case No.

EMC
CV12-03003-PSG

STIPULATION AND
[PROPOSED] ORDER
EXTENDING TIME TO ANSWER
AND CONTINUING THE CASE
MANAGEMENT CONFERENCE

BROMLEY TEA COMPANY, EASTERN TEA
CORP. D/B/A BROMLEY TEA COMPANY,
LONDON HOLDING COMPANY, INC.,
BROMLEY PRODUCTS CORP., IRA
BARBAKOFF, PAUL BARBAKOFF AND
GLENN BARBAKOFF
Defendants.

24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025

1

Plaintiff Tony Clancy (“Plaintiff”), on behalf of himself and all others similarly situated,

2

and Defendants BROMLEY TEA COMPANY, EASTERN TEA CORP. D/B/A BROMLEY

3

TEA COMPANY, LONDON HOLDING COMPANY, INC., BROMLEY PRODUCTS CORP.,

4

IRA BARBAKOFF, PAUL BARBAKOFF AND GLENN BARBAKOFF (“Defendants”),

5

through their undersigned counsel, hereby stipulate as follows:

6

WHEREAS on October 9, 2012, Plaintiff filed an Amended Complaint;

7

WHEREAS Defendants recently retained counsel and intend to file an Answer to the

8
9
10
11

Amended Complaint;
WHEREAS the Amended Complaint is 48 pages long, and contains numerous allegations
which will require a substantial investigation on Defendants’ part in order to answer;
WHEREAS a case management conference would be premature at this time as

12

Defendants’ counsel requires time to investigate the issues and facts raised in the Amended

13

Complaint;

14

THE PARTIES HEREBY STIPULATE, subject to the approval of the Court, that:

15

Defendants shall have until January 23, 2013 to respond to Plaintiff’s Amended Complaint, and

16

the Case Management Conference shall be continued until February 5, 2013 at 2:00 p.m.

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025

1

1

Dated: December 4, 2012

2

WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

3
4
By: /s/ William L. Stern
WILLIAM L. STERN

5
6

Attorneys for Defendants BROMLEY
TEA COMPANY, EASTERN TEA
CORP. D/B/A BROMLEY TEA
COMPANY, LONDON HOLDING
COMPANY, INC., BROMLEY
PRODUCTS CORP., IRA
BARBAKOFF, PAUL BARBAKOFF
AND GLENN BARBAKOFF

7
8
9
10
11
12
13
14

Dated: December 4, 2012

Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
1901 S. Bascom Avenue, Suite 350
Campbell, California 95008
By: /s/ Ben F. Pierce Gore
BEN F. PIERCE GORE

15
16

Attorneys for Plaintiff

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025

2

1
2

ECF ATTESTATION
I, William L. Stern, am the ECF User whose ID and password are being used to file the

3

following: STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO

4

ANSWER AND CONTINUING THE CASE MANAGEMENT CONFERENCE. In

5

compliance with General Order 45, X.B., I hereby attest that Ben F. Pierce Gore has concurred in

6

this filing.

7

Dated: December 4, 2012

8
9

WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

10
11

By: /s/ William L. Stern
WILLIAM L. STERN

12
13

24

. Chen

ward M
udge Ed

J

ER

H

23

RT

22

NO

21

R NIA

20

ERED
O ORD D
IT IS S
DIFIE
AS MO

FO

19

RT
U
O

18

LI

17

2/7/13 at 9:00 a.m. before Judge Chen. A joint CMC Statement is due 1/31/13.
12/7/12
DATED: ______________________
______________________________________
S DISTRICT
MAGISTRATE JUDGE PAUL SINGH
TE
C
GREWAL
TA

A

16

PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset to

S

15

[PROPOSED] ORDER

UNIT
ED

14

N

F
D IS T IC T O
R

C

25
26
27
28
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025

3