Dieffenbach v. Barnes & Noble, Inc.

Filing 7

STIPULATION AND ORDER Extending Time for Defendant to Respond to Complaint and Requesting Continuance of Case Management Conference and Related Deadlines re 5 : Case Management Statement due by 3/5/2013. Initial Case Management Conference set for 3/12/2013 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Magistrate Judge Elizabeth D. Laporte on 12/27/2012. (knm, COURT STAFF) (Filed on 12/27/2012)

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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.

Case No. 3:12-cv-05800-EDL
STIPULATION EXTENDING TIME
FOR DEFENDANT TO RESPOND TO
COMPLAINT (LOCAL RULE 6-1(a))
AND REQUESTING CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE AND RELATED
DEADLINES (LOCAL RULES 6-1(b) &
6-2); [PROPOSED ORDER]

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Action Filed:

November 9, 2012

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

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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.
3.

By order dated November 9, 2012, and served on Defendant on December 5, 2012,

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the court set (a) a deadline of January 15, 2013 for the parties to meet and confer regarding ADR

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and other matters and file ADR certifications and stipulations or notices, (b) a deadline of

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January 29, 2013 for the parties to file a Rule 26(f) report and case management statement, and

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(c) an initial case management conference on February 5, 2013 at 10:00 a.m.

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4.

Pursuant to Local Rule 6-1(a), the parties have agreed that Barnes & Noble may

have an extension to February 8, 2013 to respond to the complaint.
5.

Pursuant to Local Rule 6-1(b) and 6-2, the parties also request that the court

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continue the other dates set in the November 9, 2012 order by approximately 30 days. The parties

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believe that these discussions, the initial disclosures, and the case management conference will be

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more fruitful if the parties first have the opportunity to review Barnes & Noble’s responsive

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pleading.

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6.

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WHEREAS, the parties stipulate and agree as follows:

There have been no prior time modifications in this case.

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STIPULATION
1.

Barnes & Noble shall have up to and including February 8, 2013 to answer or

otherwise respond to the Complaint; and
2.

The parties request that Court extend the other dates set forth in the November 9,

2012 order by approximately 30 days.
PROPOSED ORDER

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Pursuant to the stipulation of the parties, (a) the last day for the parties to meet and confer

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

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

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of Need for ADR Phone Conference is continued to February 15, 2013; (b) the last day to file
-1STIPULATION RE SCHEDULING ISSUES
CASE NO. 3:12-cv-05800-EDL

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

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Case Management Statement is continued to February 28, 2013; and (c) the Initial Case

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

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DATED:

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December __, 2012

Hon. Elizabeth D. Laporte
United States Magistrate Judge

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Approved as to form and stipulations:

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MARKUM ZUSMAN & COMPTON LLP

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By:/s/ William A. Baird
WILLIAM A. BAIRD
Attorneys for Plaintiff Heather Diffenbach,
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 Case Management Conference and Related Deadlines (Local

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Rules 6-1(b) & 6-2); [Proposed Order]. In compliance with General Order 45, X.B., I hereby

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attest that William A. Baird has concurred in this filing.

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DATED: December 26, 2012
/s/ Daniel B. Asimow
DANIEL B. ASIMOW

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-2-

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