Worley v. Avanquest North America Inc

Filing 61

AMENDED ORDER CONTINUING MOTION TO DISMISS to 5/2/13. Signed by Judge Susan Illston on 3/21/13. (tfS, COURT STAFF) (Filed on 3/21/2013)

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JAY EDELSON (Admitted Pro Hac Vice)
[e-mail]
RAFEY S. BALABANIAN (Admitted Pro Hac Vice)
[e-mail]
BENJAMIN H. RICHMAN (Admitted Pro Hac Vice)
[e-mail]
CHANDLER R. GIVENS (Admitted Pro Hac Vice)
[e-mail]
EDELSON LLC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Putative Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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BENSON WORLEY and JOHNNY BOYD,
individually and on behalf of all others
similarly situated,
Plaintiffs,

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Case No. 3:12-cv-04391-SI
STIPULUATION AND
[PROPOSED] ORDER
Judge: Honorable Susan Illston

v.
AVANQUEST NORTH AMERICA, INC., a
California corporation,

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Defendant.

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Plaintiffs Benson Worley and Johnny Boyd, and Defendant Avanquest North America, Inc.
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(“Avanquest”) (collectively, the “Parties”), by and through their undersigned counsel, hereby
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stipulate and agree, subject to Court approval, (i) to extend the briefing schedule on Defendant’s
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pending pleading challenge by one (1) week, and (ii) to continue the hearing on the same from
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April 19, 2013 to April 26, 2013 (or such later date and time as may be convenient for the Court).
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In support of the instant stipulation, the Parties state as follows:
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WHEREAS, on February 22, 2013, Plaintiffs filed their First Amended Class Action
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Complaint (Dkt. 52);
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STIPULATION AND
[PROPOSED] ORDER

CASE NO. 3:12-CV-04391-SI

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WHEREAS, on March 8th, Avanquest filed its pleading challenge of the First Amended
Complaint (Dkt. 53);
WHEREAS, Plaintiffs’ deadline to respond in opposition to the pleading challenge is
currently March 22nd (Dkt. 51);
WHEREAS, Plaintiffs require a brief one (1) week extension of the current briefing
schedule in order to appropriately prepare their opposition to Avanquest’s pleading challenge;
WHEREAS, the Parties have conferred and agreed, subject to Court approval, to extend the

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current briefing schedule one (1) week, such that Plaintiffs’ opposition shall be due no later than

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March 29th and Avanquest’s reply in support of the pleading challenge due no later than April 9th,

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and further, to continue the hearing on the pleading challenge by one week as well, from April

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19th to April 26th (or such later date as the Court may set);

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WHEREAS, good cause exists to enter the instant stipulation, the Parties do not seek the

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relief contemplated herein for any improper purpose, and the Parties have not previously requested

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a modification of these dates and deadlines.

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows:

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1.

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March 29, 2013.

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2.

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Plaintiffs shall file their opposition to Avanquest’s pleading challenge no later than

Avanquest shall file its reply in support of the pleading challenge no later than April

9, 2013.
3.

The hearing on Defendant’s pleading challenge currently set for April 19, 2013 at
May 2
9:00 a.m. shall be continued to April 26, 2013 at 9:00 a.m.
IT IS SO STIPULATED.

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BENSON WORLEY and JOHNNY BOYD,
individually and on behalf of all others similarly
situated,

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Dated: March 20, 2013

By: /s/ Benjamin H. Richman
One of Plaintiffs’ Attorneys

STIPULATION AND
[PROPOSED] ORDER

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CASE NO. 3:12-CV-04391-SI

JAY EDELSON (Admitted Pro Hac Vice)
[e-mail]
RAFEY S. BALABANIAN (Admitted Pro Hac Vice)
[e-mail]
BENJAMIN H. RICHMAN (Admitted Pro Hac Vice)
[e-mail]
CHANDLER R. GIVENS (Admitted Pro Hac Vice)
[e-mail]
EDELSON LLC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Telephone: [phone]
Facsimile: [phone]

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SEAN P. REIS (SBN 184044)
[e-mail]
30021 Tomas Street, Suite 300
Rancho Santa Margarita, California 92688
Telephone: [phone]
Facsimile: [phone]

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AVANQUEST NORTH AMERICA, INC.,

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Dated: March 20, 2013

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LUANNE SACKS (SBN 120811)
[e-mail]
CARTER W. OTT (SBN 221660)
[e-mail]
MIKE SCOTT (SBN 255282)
[e-mail]
ALEC CIERNY (SBN 275230)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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JOSEPH COLLINS (Admitted Pro Hac Vice)
[e-mail]
DLA Piper LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, Illinois 60601
Telephone: [phone]
Facsimile: [phone]

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By: /s/ Mike Scott
One of Defendant’s Attorneys

I, Benjamin H. Richman, am the ECF user whose identification and password are being
used to file the foregoing Stipulation and [Proposed] Order. I hereby attest that the abovereferenced signatory to this stipulation has concurred in this filing.

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STIPULATION AND
[PROPOSED] ORDER

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CASE NO. 3:12-CV-04391-SI

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ENTERED: 3/21/13
HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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STIPULATION AND
[PROPOSED] ORDER

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CASE NO. 3:12-CV-04391-SI