Clancy v. The Bromley Tea Company
Filing
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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)
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WILLIAM L. STERN (CA SBN 96105)
WStern@mofo.com
CLAUDIA M. VETESI (CA SBN 233485)
CVetesi@mofo.com
LISA A. WONGCHENKO (CA SBN 281782)
LWongchenko@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: 415.268.7000
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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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TONY CLANCY, on behalf of himself and all
others similarly situated,
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Plaintiff,
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v.
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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.
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025
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Plaintiff Tony Clancy (“Plaintiff”), on behalf of himself and all others similarly situated,
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and Defendants BROMLEY TEA COMPANY, EASTERN TEA CORP. D/B/A BROMLEY
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TEA COMPANY, LONDON HOLDING COMPANY, INC., BROMLEY PRODUCTS CORP.,
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IRA BARBAKOFF, PAUL BARBAKOFF AND GLENN BARBAKOFF (“Defendants”),
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through their undersigned counsel, hereby stipulate as follows:
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WHEREAS on October 9, 2012, Plaintiff filed an Amended Complaint;
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WHEREAS Defendants recently retained counsel and intend to file an Answer to the
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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
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Defendants’ counsel requires time to investigate the issues and facts raised in the Amended
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Complaint;
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THE PARTIES HEREBY STIPULATE, subject to the approval of the Court, that:
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Defendants shall have until January 23, 2013 to respond to Plaintiff’s Amended Complaint, and
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the Case Management Conference shall be continued until February 5, 2013 at 2:00 p.m.
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025
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Dated: December 4, 2012
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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP
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By: /s/ William L. Stern
WILLIAM L. STERN
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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
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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
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Attorneys for Plaintiff
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025
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ECF ATTESTATION
I, William L. Stern, am the ECF User whose ID and password are being used to file the
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following: STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO
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ANSWER AND CONTINUING THE CASE MANAGEMENT CONFERENCE. In
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compliance with General Order 45, X.B., I hereby attest that Ben F. Pierce Gore has concurred in
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this filing.
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Dated: December 4, 2012
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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP
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By: /s/ William L. Stern
WILLIAM L. STERN
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. Chen
ward M
udge Ed
J
ER
H
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RT
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NO
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R NIA
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ERED
O ORD D
IT IS S
DIFIE
AS MO
FO
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RT
U
O
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LI
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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
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PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset to
S
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[PROPOSED] ORDER
UNIT
ED
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F
D IS T IC T O
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C
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER
CASE NO. CV12-03003-PSG
sf-3221025
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