Worley v. Avanquest North America Inc

Filing 76

STIPULATION AND ORDER re 72 Stipulated Request for Order Extending Time to Submit Joint Case Management Statement Pending Substitution of Defendant's Counsel. The Parties shall file their Joint Case Management Statement by 8/9/2013. Signed by Judge William H. Orrick on 07/19/2013. (jmdS, COURT STAFF) (Filed on 7/19/2013)

1
2
3
4
5
6
7
8
9
10

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.

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15
16
17

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

18
19
20

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

21

CASE NO. 3:12-CV-04391-WHO
STIPULATED REQUEST FOR ORDER
EXTENDING TIME TO SUBMIT JOINT
CASE MANAGEMENT STATEMENT
PENDING SUBSTITUTION OF
DEFENDANT’S COUNSEL AND ORDER
Judge:

Hon. William H. Orrick

Defendant.
22
23
24
25
26
27

Pursuant to Local Rules 6-2 and 7-12, Plaintiffs Benson Worley and Johnny Boyd, and
Defendant Avanquest North America, Inc. (“Avanquest”) (collectively, the “Parties”), by and
through their undersigned counsel, submit this Stipulated Request for an Order Extending Time to
Submit Joint Case Management Statement Pending Substitution of Defendant’s Counsel. In

28
DLA P IPER LLP (US)
SAN FRA NCI S CO

-1EAST\56786440.1

STIPULATED REQUEST AND ORDER
CASE NO. 3:12-CV-04391-WHO

1
2

support of the instant stipulated request, and as set forth in the accompanying Declaration of Mike
Scott, the Parties state as follows:

3
WHEREAS, on February 22, 2013, Plaintiffs filed their First Amended Class Action
4
Complaint (Dkt. 52);
5
6
7
8
9
10
11

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, on April 30, 2013, the Court denied Avanquest’s Motion to Dismiss the First
Amended Class Action Complaint (Dkt. 66).
WHEREAS, the Parties requested and were granted an additional continuance of the

12

Initial Case Management Conference and deadline to exchange initial disclosures until July 12,

13

2013 (Dkt. 67);

14
15
16
17
18
19

WHEREAS, the Parties previously stipulated to extend the time within which Avanquest
may answer the First Amended Complaint to May 28, 2013 (Dkt. 68);
WHEREAS, the Parties thereafter stipulated to extend the time within which Avanquest
may answer the First Amended Complaint to June 28, 2013 (Dkt. 69);
WHEREAS, the Parties thereafter stipulated to extend the time within which Avanquest
may answer the First Amended Complaint to July 29, 2013 (Dkt 70);

20

WHEREAS, this case was reassigned to this Court on June 27, 2013;

21

WHEREAS, the Court’s June 27, 2013 Reassignment Order and Order Requiring

22

Submission of Case Management Statement requires the parties to submit a joint case

23

management statement on July 12 2013;

24

WHEREAS, Avanquest intends to substitute its undersigned counsel, desires to have

25

substituting counsel address the merits of Plaintiffs’ claims and the case scheduling going

26

forward, and requests additional time for its new counsel to review the factual, legal, and

27

procedural background of the litigation;

28
-2-

DLA P IPER LLP (US)
SAN FRA NCI S CO

EAST\56786440.1

STIPULATED REQUEST AND ORDER
CASE NO. 3:12-CV-04391-WHO

1
2
3

WHEREAS, the Parties have conferred and agreed to jointly request a four-week
extension of the time to submit the case management statement required by the Court’s June 27,
2012 Order, from July 12, 2013 to August 9, 2013;

4
WHEREAS, the requested extension will not otherwise alter the schedule of this case;
5
6
7
8
9
10

WHEREAS, good cause exists to grant the parties’ stipulated request;
NOW THEREFORE, THE PARTIES JOINTLY REQUEST AN ORDER
STATING:
1.

The Parties shall file their Joint Case Management Statement by August 9, 2013.

IT IS SO STIPULATED.

11
BENSON WORLEY and JOHNNY BOYD,
individually and on behalf of all others similarly
situated,

12
13
14

Dated: July 12, 2013

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

15
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]

16
17
18
19
20
21
22
23

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

24
25
26
27
28

-3-

DLA P IPER LLP (US)
SAN FRA NCI S CO

EAST\56786440.1

STIPULATED REQUEST AND ORDER
CASE NO. 3:12-CV-04391-WHO

1
2
AVANQUEST NORTH AMERICA, INC.,
3
Dated: July 12, 2013
4
5

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

6
7
8
9
10

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]

11
12
13
14

I, Mike Scott, am the ECF user whose identification and password are being used to file

15

the foregoing Stipulated Request for Order Extending Time to Submit Joint Case Management

16

Statement Pending Substitution of Defendant’s Counsel and [Proposed] Order. I hereby attest

17

that the above-referenced signatory to this stipulation has concurred in this filing.

18
19
20
21
22
23
24
25
26
27
28
-4-

DLA P IPER LLP (US)
SAN FRA NCI S CO

EAST\56786440.1

STIPULATED REQUEST AND ORDER
CASE NO. 3:12-CV-04391-WHO

1

ORDER

2
PURSUANT TO STIPULATION, IT IS SO ORDERED.
3
4
5

ENTERED: July 19, 2013
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-5-

DLA P IPER LLP (US)
SAN FRA NCI S CO

EAST\56786440.1

STIPULATED REQUEST AND ORDER
CASE NO. 3:12-CV-04391-WHO