Seifi et al v. Mercedes-Benz USA, LLC

Filing 53

STIPULATION AND ORDER modifying briefing and hearing schedule on 49 Motion to Dismiss. Responses due by 8/28/2013. Replies due by 9/16/2013. Motion Hearing set for 9/30/2013 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 08/15/13. (tehlc3, COURT STAFF) (Filed on 8/15/2013)

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Roy A. Katriel (265463)
THE KATRIEL LAW FIRM, PLLC
12707 High Bluff Drive, Suite 200
San Diego, CA 92130
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MAJEED SEIFI AND TRACEY
DEAKIN, On Behalf Of Themselves And
All Others Similarly Situated,
Case No. 3:12-cv-5493-TEH

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Plaintiffs,
vs.
MERCEDES-BENZ USA, LLC,

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STIPULATED REQUEST TO CONTINUE
HEARING AND MODIFY BRIEFING
SCHEDULE; DECLARATION OF GARY S.
GRAIFMAN IN SUPPORT THEREOF;
[PROPOSED] ORDER

Defendant.

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

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as individuals and on behalf of others similarly situated, and Defendant Mercedes-Benz USA, LLC
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(“MBUSA”) stipulate and agree as follows:
STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO L.R. 6-2
1.

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

MBUSA’s Motion to Dismiss. Dkt. 42. In its Order, the Court gave plaintiffs leave to amend their
complaint, which was timely filed on July 5, 2013. Dkt. 46.
2.

On or about August 2, 2013, Defendant timely filed its Motion to Dismiss and Strike

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Kantrowitz, Goldhamer
& Graifman, P.C.
747 Chestnut Ridge
Road
Chestnut Ridge, NY
10977

Certain Allegations (the “Motion”). Dkt. 49.
3.

Plaintiffs respectfully request, and MBUSA does not oppose, an extension of the

filing deadline for Plaintiffs’ Opposition to the Motion but in doing so, the brief will come due
STIPULATION TO CONTINUE HEARING; GRAIFMAN DECL. ISO SAME; [PROPOSED] ORDER

Case No. 3:12-cv-5493 TEH

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during pre-planned vacations for Defendant’s counsel. Accordingly, the Parties have agreed to

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continue the hearing on the Motion from September 16, 2013 at 10:00 a.m., to September 30, 2013

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at 10:00 a.m. and hereby agree upon the following dates for the filing and/or service of Plaintiffs’
opposition and Defendant’s respective reply papers:

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(a) Plaintiffs’ responsive papers in opposition to the Motion shall be filed on or

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before August 28, 2013; and

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(b) Defendant’s reply papers shall be filed on or before September 16, 2013.

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4.

As set forth in the accompanying declaration of Gary S. Graifman, this extension

request is being made in good faith because counsel for both plaintiffs and MBUSA will be traveling
during the month of August.

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5.

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

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for an Order changing time, as the agreements set forth herein will result in a short continuance of
the return date of the Motion.

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6.

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the case.

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Dated: August 13, 2013

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The requested time modification would have no effect on the remaining schedule for

Respectively submitted,
CARROLL, BURDICK & McDONOUGH LLP

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By:

s/Chad A. Stegeman
CHAD A. STEGEMAN

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Attorneys for Defendant
Mercedes-Benz USA, LLC

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Kantrowitz, Goldhamer
& Graifman, P.C.
747 Chestnut Ridge
Road
Chestnut Ridge, NY
10977

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STIPULATION TO CONTINUE HEARING; GRAIFMAN DECL. ISO SAME; [PROPOSED] ORDER

Case No. 3:12-cv-5493 TEH

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Dated: August 13, 2013

THE KATRIEL LAW FIRM, PLLC

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By:
s/Roy A. Katriel
ROY A. KATRIEL
Attorneys for Plaintiffs Majeed Seifi and
Tracey Deakin

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Kantrowitz, Goldhamer
& Graifman, P.C.
747 Chestnut Ridge
Road
Chestnut Ridge, NY
10977

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STIPULATION TO CONTINUE HEARING; GRAIFMAN DECL. ISO SAME; [PROPOSED] ORDER

Case No. 3:12-cv-5493 TEH

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ORDER

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For good cause shown, the Court hereby enters the Stipulation set forth above as the Order of
the Court. The schedule on Defendant’s Motion to Dismiss and Strike Certain Allegations

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(“Motion”) in this case is hereby modified as follows:
a.

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August 16, 2013, shall be continued to August 28, 2013.

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The deadline for the filing of plaintiffs’ opposition to the Motion, currently set for

b.

The date for MBUSA to file its reply papers on the Motion shall be September 16,

c.

The hearing on the Motion, currently set for September 16, 2013 at 10:00 a.m, shall

2013.

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be continued to September 30, 2013 at 10:00 a.m.
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By:________________________________
THELTON E. HENDERSONson
er
E. Hend
UNITED STATESnDISTRICT JUDGE
Thelto
ge

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UNIT
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Dated: August __, 2013

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Kantrowitz, Goldhamer
& Graifman, P.C.
747 Chestnut Ridge
Road
Chestnut Ridge, NY
10977

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STIPULATION TO CONTINUE HEARING; GRAIFMAN DECL. ISO SAME; [PROPOSED] ORDER

Case No. 3:12-cv-5493 TEH