Dieffenbach v. Barnes & Noble, Inc.

Filing 19

ORDER RE: STIPULATION EXTENDING TIME; DIRECTIONS TO DEFENDANT. The hearing on defendant's motion to transfer shall be set for March 22, 2013 at 9:00 a.m. The initial case management conference is reset for May 17, 2013 at 10:30 a.m. Defendant is directed to forthwith provide a chambers copy of its motion to transfer and declaration filed in support thereof. Signed by Judge Maxine M. Chesney on February 11, 2013. (mmclc1, COURT STAFF) (Filed on 2/11/2013)

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DANIEL B. ASIMOW (No. 165661)
[e-mail]
ARNOLD & PORTER LLP
Three Embarcadero Center, 7th Floor
San Francisco, CA 94111-4024
Telephone: [phone]
Facsimile: 415.471.3400
KENNETH L. CHERNOF (No. 156187)
[e-mail]
ARNOLD & PORTER LLP
555 Twelfth Street, NW
Washington, DC 20004-1206
Telephone: [phone]
Facsimile: 202.942.5999
Attorneys for Defendant BARNES & NOBLE,
INC., a California corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HEATHER DIEFFENBACH, individually
and on behalf of all others similarly situated,

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Plaintiff,
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vs.
BARNES & NOBLE, INC., a California
corporation,

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Defendant.
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Case No. 3:12-cv-05800-MMC
STIPULATION EXTENDING TIME
FOR DEFENDANT TO RESPOND TO
COMPLAINT (LOCAL RULE 6-1(a))
AND REQUESTING CONTINUANCE
OF RELATED DEADLINES (LOCAL
RULES 6-1(b) & 6-2); [PROPOSED
ORDER] ORDER THEREON;
DIRECTIONS TO DEFENDANT
Action Filed: November 9, 2012

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STIPULATION RE SCHEDULING ISSUES
CASE NO. 3:12-cv-05800-MMC

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RECITALS

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1.

Plaintiffs Heather Dieffenbach filed the instant complaint on November 9, 2012.

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2.

Defendant Barnes & Noble, Inc. was served with the complaint on or about

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December 5, 2012.
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Pursuant to stipulation and order, the date for Barnes & Noble to respond to the

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complaint was previously extended to February 8, 2013; the last the last day for the parties to

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meet and confer regarding initial disclosures, early settlement, ADR process, and discovery plan;

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file ADR Certification signed by Parties and Counsel; and file either Stipulation to ADR Process

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or Notice of Need for ADR Phone Conference was continued to February 15, 2013; the last day

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to file. Rule 26(f) Report, complete initial disclosures or state objections in Rule 26(f) Report, and

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file Case Management Statement was continued to February 28, 2013; and the Initial Case

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Management Conference was reset for March 12, 2013 at 10:00 a.m. in Courtroom E, 15th Floor.

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4.

On January 10, 2013, Barnes & Noble filed a motion to transfer this action to the

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Northern District of Illinois, where three other cases are pending that Barnes & Noble contends

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are substantially identical to this action. The motion to transfer was set for hearing on February

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19, 2013.

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5.

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On January 22, 2013, this action was reassigned to the Honorable Maxine M.

Chesney. The hearing date on the motion to transfer was vacated, and has not yet been reset.

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6.

The Court has set a case management conference for March 15, 2013.

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7.

The parties believe it would be more efficient to extend the time for Barnes &

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Noble to respond to the complaint until thirty days after the Court rules on the motion to transfer

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in order to allow for the potential coordination of the response in this action and in other cases in

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the Northern District of Illinois. In addition, the parties believe that the initial disclosures, ADR-

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related deadlines, meeting of counsel, and Rule 26(f) report should be deferred until the parties

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know whether the case will proceed in this District or in the Northern District of Illinois.

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7.

There have been the following prior modifications of time in this case: (a) an

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extension of the date for Barnes & Noble to respond to the complaint, and (b) an extension of

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time for the parties to meet and confer regarding initial disclosures, early settlement, ADR
-1STIPULATION RE SCHEDULING ISSUES
CASE NO. 3:12-cv-05800-MMC

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process, and discovery plan; file ADR Certification signed by Parties and Counsel; file either

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Stipulation to ADR Process or Notice of Need for ADR Phone Conference; and file Rule 26(f)

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Report, complete initial disclosures or state objections in Rule 26(f) Report.

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WHEREAS, the parties stipulate and agree as follows:

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STIPULATION
1.

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The parties request that the Court reset the hearing date on the motion to transfer

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for March 8, 2013 at 9:00 a.m. in Courtroom 7, 19th Floor, 450 Golden Gate Avenue, San

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Francisco, CA 94102, or such other date thereafter that is convenient for the Court (however,

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counsel are not available on March 15, 2013).
2.

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Barnes & Noble shall have up to and including the date thirty days after the Court

rules on the motion to transfer to answer or otherwise respond to the Complaint.
3.

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The parties request that the Court continue the case management conference

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currently set for March 15, 2013 to the first date convenient for the Court on or after May 15,

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2013.

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4.

The parties further request that the Court continue the following deadlines as

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follows (a) the last day for the parties to meet and confer regarding initial disclosures, early

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settlement, ADR process, and discovery plan; file ADR Certification signed by Parties and

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Counsel; and file either Stipulation to ADR Process or Notice of Need for ADR Phone

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Conference to is continued to April 15, 2013; and (b) the last day to file Rule 26(f) Report,

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complete initial disclosures or state objections in Rule 26(f) Report, and file Case Management

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Statement is continued to April 30, 2013.

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PROPOSED ORDER

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Pursuant to the stipulation of the parties, (a) the hearing on the motion to transfer shall be
March 22,
set for March 8, 2013 at 9:00 a.m. in Courtroom 7, 19th Floor; (b) the last day for the parties to

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meet and confer regarding initial disclosures, early settlement, ADR process, and discovery plan;

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file ADR Certification signed by Parties and Counsel; and file either Stipulation to ADR Process
April 26
or Notice of Need for ADR Phone Conference is continued to April 15, 2013; (c) the last day to
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STIPULATION RE SCHEDULING ISSUES
CASE NO. 3:12-cv-05800-MMC

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file Rule 26(f) Report, complete initial disclosures or state objections in Rule 26(f) Report, and
May 10
file Case Management Statement is continued to April 30, 2013; and (d) the Initial Case

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Management Conference is reset for ____________, at 10:30 a.m. in Courtroom 7, 19th Floor.
May 17, 2013

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Further, defendant is hereby DIRECTED to forthwith provide a chambers copy of its
Motion to Transfer Venue and declaration filed in support thereof.
DATED: February ___, 2013
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HON. MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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Approved as to form and stipulations:
MARKUN ZUSMAN & COMPTON LLP

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By:/s/ William A. Baird
WILLIAM A. BAIRD
Attorneys for Plaintiff Heather Dieffenbach,
individually and on behalf of all others
similarly situated.
ARNOLD & PORTER LLP

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By:/s/ Daniel B. Asimow
DANIEL B. ASIMOW
Attorneys for Defendant
Barnes & Noble, Inc.

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FILER’S ATTESTATION

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I, Daniel B. Asimow, am the ECF user whose ID and password are being used to file this

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Stipulation Extending Time for Defendant to Respond to Complaint (Local Rule 6-1(a)) and

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Requesting Continuance of Related Deadlines (Local Rules 6-1(b) & 6-2); [Proposed

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Order]. In compliance with General Order 45, X.B., I hereby attest that William A. Baird has

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concurred in this filing.

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DATED: February 8, 2013
/s/ Daniel B. Asimow
DANIEL B. ASIMOW

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STIPULATION RE SCHEDULING ISSUES
CASE NO. 3:12-cv-05800-MMC