Seifi et al v. Mercedes-Benz USA, LLC

Filing 44

STIPULATION AND ORDER to Continue Case Management Conference and Related Dates re 43 . Case Management Statement due by 8/19/2013. Initial Case Management Conference set for 8/26/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 06/04/2013. (tmi, COURT STAFF) (Filed on 6/5/2013)

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Troy M. Yoshino, No. 197850
Matthew J. Kemner, No. 188126
Chad A. Stegeman, No. 225745
CARROLL, BURDICK & McDONOUGH LLP
44 Montgomery Street, Suite 400
San Francisco, CA 94104
Telephone:
415.989.5900
Facsimile:
415.989.0932
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
MERCEDES-BENZ USA, LLC

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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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MAJEED SEIFI AND TRACEY
DEAKIN, On Behalf Of Themselves
And All Others Similarly Situated

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Plaintiffs,
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v.
MERCEDES-BENZ USA, LLC,
Defendant.

No. 12-CV-05493 (TEH)
STIPULATED REQUEST TO CONTINUE
INITIAL CASE MANAGEMENT CONFERENCE
AND RELATED DATES; DECLARATION OF
CHAD A. STEGEMAN IN SUPPORT
THEREOF; [PROPOSED] ORDER
[N.D. CAL. L.R. 6-2]

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STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

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By and through their respective counsel of record, Plaintiffs Majeed Seifi and

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Tracey Deakin, as individuals and on behalf of all others similarly situated, and Defendant

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Mercedes-Benz USA, LLC (“MBUSA”) stipulate and agree as follows:

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STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO L.R. 6-2

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1.

On May 23, 2013, the Court issued an order granting in part and denying in

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part MBUSA’s Motion to Dismiss. Dkt. 42. In its order, the Court gave plaintiffs leave

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to amend their Complaint on or before June 21, 2013. Id.

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2.

Plaintiffs respectfully request, and MBUSA does not oppose, a two-week

extension of the filing deadline for filing their amended complaint, which would make the

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amended complaint due by July 5, 2013. Likewise, plaintiffs do not oppose MBUSA’s

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request for a corresponding two-week extension of time to file a response to the amended

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complaint, including a renewed Motion to Dismiss, such that the response will be due 28

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days after service of the amended complaint.

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3.

As set forth in the accompanying declaration of Chad A. Stegeman, this

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extension request is being made in good faith because counsel for both plaintiffs and

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MBUSA will be traveling extensively on other matters in the month of June.

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4.

The Court has also calendared the Case Management Conference for June 24,

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2013, with the Joint Case Management Statement due on June 17, 2013, and has further

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given the parties until June 3, 2013 to hold their Rule 26(f) conference.

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5.

Because the resolution of MBUSA’s response to the amended complaint will

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remain pending by those dates, the parties further request that, in order to preserve judicial

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resources and promote judicial economy, the Case Management Conference be continued

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to August 23, 2013, with the Joint Case Management Statement due on August 16, 2013.

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That continuance, in turn, would grant the parties up to and until August 2, 2013 to hold

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their Rule 26(f) conference. The parties agree that the date for the exchange of initial

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disclosures, currently set for June 17, 2013, will not be changed and will go forward as

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scheduled.

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-1STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

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6.

Pursuant to prior stipulations between the parties, this Court has modified the

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dates for the Case Management Conference, the Joint Case Management Statement, and

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the Rule 26(f) conference pursuant to the stipulation of the parties on two prior occasions,

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and has previously modified the briefing and hearing schedule in connection with

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MBUSA’s Motion to Transfer Venue. See Dkt. 8; Dkt. 17. This Court has also modified

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the briefing and hearing schedule on MBUSA’s Motion to Dismiss by its own order. See

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Dkt. 15; Dkt. 28, Dkt. 35-36.

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7.

Pursuant to N.D. Cal. Local R. 6-2, the parties seek approval of this stipulated

request for an order changing time, as the agreements set forth herein affect certain dates
fixed by Court order and the Local Rules of this Court.
8.

As there are no other scheduled matters in this case, the requested time

modification would have no effect on the schedule for the case.

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Dated: June 3, 2013

Respectfully submitted,

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CARROLL, BURDICK & McDONOUGH LLP

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By

/s/
CHAD A. STEGEMAN
Attorneys for Defendant
Mercedes-Benz USA, LLC

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Dated: June 3, 2013

THE KATRIEL LAW FIRM, PLLC

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By

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ROY A. KATRIEL
Attorneys for Plaintiffs
Majeed Seifi and Tracey Deakin

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/s/

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-2STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

ORDER

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The deadline for the filing of plaintiffs’ amended complaint, currently set

for June 21, 2013, shall be continued to July 5, 2013.
b.

MBUSA shall have 28 days from the date of service of the amended

complaint to file and serve its response to the amended complaint.
c.

The initial case management conference in this matter, currently set for
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Monday, June 24, 2013, shall be continued to August 30, 2013.
d.

The due date for the Joint Case Management Statement, currently set for
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June 17, 2013, shall be continued to August 23, 2013.
e.

The last day to hold a Rule 26(f) Conference, currently set for June 3,

2013, shall be continued to August 2, 2013.
f.

The deadline for the exchange of initial disclosures, currently set for June

17, 2013, shall remain unchanged.
PURSUANT TO STIPULATION, IT IS SO ORDERED

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S

UNITED STATES DISTRICT JUDGE
nderson

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helton E
Judge T

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D
RDERE
IS SO O FIED
IT THELTON E. HENDERSON
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By:

UNIT
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06/04
Dated: ___________________, 2013

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S DISTRICT
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a.

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as the Order of the Court. The schedule in this case is hereby modified as follows:

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For good cause shown, the Court hereby enters the Stipulation set forth above

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D IS T IC T O
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-6STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH