Worley v. Avanquest North America Inc

Filing 94

STIPULATION AND ORDER re 93 STIPULATION WITH PROPOSED ORDER. Signed by Judge William H. Orrick on 08/26/2013. Deadlines are extended as indicated.(jmdS, COURT STAFF) (Filed on 8/26/2013)

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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,

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STIPULUATION AND
ORDER

Plaintiffs,

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Case No. 3:12-cv-04391-WHO

Judge: Honorable William H. Orrick
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, to continue (i) the deadline for Plaintiffs to respond
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to Avanquet’s motion to transfer, (ii) the deadline for Avanquest to reply in support of the motion
to transfer, and (iii) the deadline for Avanquest to answer Plaintiffs’ first amended complaint. In

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support of the instant stipulation, the Parties state as follows:
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STIPULATION AND
ORDER

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

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WHEREAS, by Stipulation and Order entered August 13, 2013, the Court set August 23rd

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as Plaintiffs’ deadline to respond in opposition to Avanquest’s pending motion to transfer, and

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August 30th as Avanquest’s deadline to reply in support of the same, (Dkt. 83);

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WHEREAS, on August 16th, Plaintiffs took the deposition upon oral examination of Kevin
Bromber regarding the venue issues raised in Avanquest’s motion to transfer;

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WHEREAS, despite requesting expedited service, the Parties did not receive the transcript
of Mr. Bromber’s deposition until the evening of August 21st;
WHEREAS, in light of the delay in receiving the transcript of Mr. Bromber’s deposition,

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the Parties have conferred and agreed, subject to Court approval, to extend the current briefing

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schedule on the motion to transfer, such that Plaintiffs’ opposition shall be due no later than

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August 26th and Avanquest’s reply in support of the motion shall be due no later than September

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3rd;

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

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extend the deadline for Avanquest to answer Plaintiffs’ first amended complaint from September

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12th to September 19, 2013;

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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.

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August 26, 2013.

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2.

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Plaintiffs shall file their opposition to Avanquest’s motion to transfer no later than

Avanquest shall file its reply in support of the motion to transfer no later than

September 3, 2013.
3.

Avanquest shall file its answer to Plaintiffs’ first amended complaint no later than

September 19, 2013.
IT IS SO STIPULATED.

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STIPULATION AND
ORDER

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

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

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Dated: August 22, 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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AVANQUEST NORTH AMERICA, INC.,

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Dated: August 22, 2013

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By: /s/ Devin C. Courteau
One of Defendant’s Attorneys
N. KATHLEEN STRICKLAND
[e-mail]
DEVIN C. COURTEAU
[e-mail]
JUSTIN A. ZUCKER
[e-mail]
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, California 94063-2052
Telephone: [phone]
Facsimile: [phone]

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

I, Benjamin H. Richman, am the ECF user whose identification and password are being

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

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referenced signatory to this stipulation has concurred in this filing.

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STIPULATION AND
ORDER

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

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ENTERED: August 26, 2013
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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STIPULATION AND
ORDER

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