Worley v. Avanquest North America Inc

Filing 67

ORDER: Initial Case Management Conference set for 5/10/13 is continued to 7/12/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 5/1/13., Motions terminated: 65 STIPULATION WITH PROPOSED ORDER filed by Avanquest North America Inc. (tfS, COURT STAFF) (Filed on 5/6/2013)

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LUANNE SACKS (Bar No. 120811)
[e-mail]
MIKE SCOTT (Bar No. 255282)
[e-mail]
ALEC CIERNY (Bar No. 275230)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Tel: [phone]
Fax: [phone]
JOSEPH COLLINS (Admitted Pro Hac Vice )
[e-mail]
DLA Piper LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, Illinois 60601-1293
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
AVANQUEST NORTH AMERICA, INC.

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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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v.

CASE NO. 3:12-CV-04391-SI
STIPULATION AND
[PROPOSED] ORDER
Judge:

Hon. Susan Illston

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,

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Inc. (“Avanquest”) (collectively, the “Parties”), by and through their undersigned counsel, hereby

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stipulate and agree, subject to Court approval, (i) to continue the Initial Case Management

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:12-CV-04391-SI

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Conference and deadline to exchange initial disclosures, currently scheduled for Friday, May 10,

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2013, to Friday, July 12, 2013 (or such later date and time as may be convenient for the Court),

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and (ii) to extend the date for filing the Parties’ Joint Initial Case Management Conference

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Statement and Fed. R. Civ. Proc. 26(f) Discovery Plan from Friday, May 3, 2013 to Friday, July

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5, 2013 (or one week before the date selected by the Court for the rescheduled Initial Case

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Management Conference). 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);
WHEREAS, on March 8th, Avanquest filed its pleading challenge of the First Amended
Complaint (Dkt. 53);
WHEREAS, the hearing on Avanquest’s pleading challenge is scheduled for Thursday,
May 2, 2013;

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WHEREAS, the resolution of Avanquest’s pleading challenge will provide the Parties and
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the Court additional guidance regarding the most efficient manner in which to conduct further
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litigation of Plaintiffs’ claims;
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WHEREAS, the Parties previously requested and were granted a continuance of the Initial
Case Management Conference and deadline to exchange initial disclosures until three weeks
following the hearing on Avanquest’s pleading challenge (Dkt. 51);
WHEREAS, the hearing on Avanquest’s pleading challenge was subsequently continued

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thirteen days without a continuance of the Initial Case Management Conference or deadline to

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exchange initial disclosures (Dkt. 61);

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WHEREAS, the Parties have conferred and agreed, subject to Court approval, to continue

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the Initial Case Management Conference and deadline to exchange initial disclosures from May

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10, 2013 to July 12, 2013 (or such later date as the Court may set), and to extend the date for

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filing of the Parties’ Joint Initial Case Management Conference Statement and Fed. R. Civ. Proc.

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26(f) Discovery Plan from May 3, 2010 to July 5, 2013 (or one week prior to the date selected by

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the Court for the rescheduled Initial Case Management Conference);
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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:12-CV-04391-SI

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WHEREAS, good cause exists to enter the instant stipulation and the Parties do not seek
the relief contemplated herein for any improper purpose.

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

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1.

The Parties shall file their Joint Initial Case Management Conference Statement

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and Fed. R. Civ. Proc. 26(f) Discovery Plan by July 5, 2013 (or one week before the rescheduled

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Initial Case Management Conference if scheduled later than July 12, 2013).

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2.

The Initial Case Management Conference currently set for May 10, 2013 at 2:30

pm shall be continued to July 12, 2013 at 2:30 pm.

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3.

The Parties shall serve their respective initial disclosures no later than July 12,

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2013.
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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: April 30, 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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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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By: /s/ Benjamin H. Richman
One of Plaintiffs’ Attorneys

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:12-CV-04391-SI

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AVANQUEST NORTH AMERICA, INC.,
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Dated: April 30, 2013
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LUANNE SACKS (SBN 120811)
[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/ Luanne Sacks
One of Defendant’s Attorneys

I, Luanne Sacks, am the ECF user whose identification and password are being used to

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file the foregoing Stipulation and [Proposed] Order. I hereby attest that the above-referenced

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signatory to this stipulation has concurred in this filing.

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:12-CV-04391-SI

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ENTERED:

5/1/13
HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:12-CV-04391-SI