Bronson et al v. Johnson & Johnson Inc. et al
Filing
48
ORDER granting 46 STIPULATION WITH PROPOSED ORDER -Joint- Extending Time to Respond to Plaintiffs' Second Amended Complaint and Related Briefing Deadlines; Declaration of Michael J. Stortz in Support filed by Johnson & Johnson Inc., McNeil Nutritionals, LLC. Set Deadlines: Motions due by 5/31/2013. Responses due by 6/28/2013. Replies due by 7/12/2013. Signed by Judge Charles R. Breyer on 5/9/2013. (beS, COURT STAFF) (Filed on 5/13/2013)
1
2
3
4
5
6
7
8
9
10
11
12
MICHAEL J. STORTZ (SBN #139386)
michael.stortz@dbr.com
MATTHEW J. ADLER (SBN #273147)
matthew.adler@dbr.com
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
(415) 591-7500
Facsimile:
(415) 591-7510
STEVEN A. ZALESIN
sazalesin@pbwt.com
TRAVIS J. TU
tjtu@pbwt.com
JONAH M. KNOBLER
jknobler@pbwt.com
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, New York 10036
Telephone:
(212) 336-2000
Facsimile:
(212) 336-2222
Attorneys for Defendants
JOHNSON & JOHNSON and
MCNEIL NUTRITIONALS, LLC
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
16
17
18
BARBARA BRONSON, MICHAEL
FISHMAN, and ALVIN KUPPERMAN,
on behalf of themselves and all others
similarly situated,
Plaintiffs,
19
20
21
22
v.
Case No. 3:12-CV-04184-CRB
JOINT STIPULATION AND ORDER
EXTENDING TIME TO RESPOND TO
PLAINTIFFS’ SECOND AMENDED
COMPLAINT AND RELATED BRIEFING
DEADLINES; DECLARATION OF
MICHAEL J. STORTZ IN SUPPORT
JOHNSON & JOHNSON INC. and
MCNEIL NUTRITIONALS, LLC,
Defendants.
23
24
25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO
JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME; DEC OF MICHAEL J. STORTZ
-1-
CASE NO. 3:12-CV-04184-CRB
WHEREAS Plaintiffs Barbara Bronson, Michael Fishman, and Alvin Kupperman
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(“Plaintiffs”) filed the Complaint in this action on August 9, 2012 and thereafter served the
Complaint on Defendants Johnson & Johnson and McNeil Nutritionals, LLC (“Defendants”);
WHEREAS Plaintiffs filed a First Amended Complaint on September 6, 2012;
WHEREAS Defendants filed a Motion to Dismiss on October 30, 2012;
WHEREAS Defendants’ Motion to Dismiss came on for hearing before the Court on
April 12, 2013;
WHEREAS the Court granted in part and denied in part Defendants’ Motion by Order
filed April 16, 2013;
WHEREAS Plaintiffs filed a Second Amended Complaint on April 26, 2013;
WHEREAS Defendants are presently reviewing Plaintiffs’ Second Amended Complaint
and require additional time to determine their response to that pleading; and
WHEREAS the parties through counsel have met and conferred and reached agreement as
to the briefing schedule for Defendants’ potential Motion to Dismiss, as set forth below, in the
event Defendants choose to so move;
IT IS THEREFORE STIPULATED, by the parties through their respective counsel, as
follows:
1.
The deadline for Defendants’ pleading in response to the Plaintiffs’ Second
Amended Complaint is continued to and including May 31, 2013.
2.
In the event that Defendants file a Motion to Dismiss the Second Amended
Complaint, Defendants shall file the Motion and all papers in support of said Motion on or before
May 31, 2013, and briefing and hearing on the Motion to Dismiss shall proceed on the following
schedule:
a.
Plaintiffs shall file their Opposition to Defendants’ Motion to Dismiss,
including all papers in support of said Opposition, on or before June 28, 2013.
b.
Defendants shall file their Reply in support of their Motion to Dismiss,
including all papers in support of said Reply, on or before July 12, 2013.
27
28
D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO
JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME; DEC OF MICHAEL J. STORTZ
-2-
CASE NO. 3:12-CV-04184-CRB
1
2
3
c.
Hearing on the Motion to Dismiss shall be determined on filing of
Defendants’ Motion.
IT IS SO STIPULATED.
4
5
DRINKER BIDDLE & REATH LLP
Dated: May 3, 2013
6
By:/s/ Michael J. Stortz
Michael J. Stortz
7
8
Attorneys for Defendants
JOHNSON & JOHNSON and
MCNEIL NUTRITIONALS, LLC
9
10
11
Dated: May 3, 2013
THE MILLS LAW FIRM
12
By:/s/ Joshua D. Boxer
Joshua D. Boxer
13
14
Attorneys for Plaintiffs
BARBARA BRONSON, MICHAEL
FISHMAN, and ALVIN KUPPERMAN
15
16
Attestation Pursuant to Civil Local Rule 5.1(i)
17
18
Dated: May 3, 2013
23
PURSUANT TO STIPULATION, IT IS SO ORDERED.
26
UNIT
ED
25
D
RDERE
IS SO O
IT
The Honorable Charles R. Breyer
ye
JUDGE OF THE UNITED STATES r
s R. Bre
Dated: May 9, 2013
27
NO
28
SAN FRANCISCO
JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME; DEC OF MICHAEL J. STORTZ
-3-
arle
h
Judge C
ER
CASE NO. 3:12-CV-04184-CRB
H
ATTORNEYS AT LAW
RT
D RINKER B IDDLE &
R EATH LLP
S DISTRICT
TE
C
TA
RT
U
O
S
24
/s/ Michael J. Stortz
Michael J. Stortz
R NIA
22
FO
21
I declare under penalty of perjury under the law of the United States of America that the
foregoing is true and correct. Executed on May 3, 2013 at San Francisco, California.
LI
20
Pursuant to Civil Local Rule 5.1(i), I, Michael J. Stortz, hereby attest that I have obtained
concurrence in the filing of this document from the other signatory to this document.
A
19
N
F
D IS T IC T O
R
C
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?