Falkenberg et al v. Alere Home Monitoring, Inc.

Filing 21

STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER. Set/Reset Deadlines as to 16 MOTION to Strike ALERE HOME MONITORING, INC.'s Notice of Motion and Motion to Strike Portions of Plaintiffs' Complaint, 18 MOTION to D ismiss ALERE HOME MONITORING, INC.'s Notice of Motion and Motion to Dismiss Plaintiff's Class Action Complaint. Responses due by 5/24/2013. Replies due by 6/13/2013. Motion Hearing set for 6/27/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Case Management Statement due by 6/20/2013. Initial Case Management Conference set for 6/27/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 23, 2013. (wsn, COURT STAFF) (Filed on 4/23/2013)

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SEDGWICK LLP
STEPHANIE SHERIDAN
(Bar No. 135910)
[e-mail]
KELLY SAVAGE DAY
(Bar No. 235901)
[e-mail]
ALISON ANDRE
(BarNo. 251689)
[e-mail]
333 Bush Street, 30 th Floor
San Francisco, California 94104-2835
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
ALERE HOME MONITORING, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3: 13-cv-00341-JST

JOHN FALKENBERG and STEVEN
INGARGIOLA, on behalf of themselves and all
others similarly situated,

STIPULATION:
(1) FOR EXTENDED BRIEFING
SCHEDULE ON MOTION TO DISMISS
AND MOTION TO STRIKE; AND
(2) TO CONTINUE HEARING ON
MOTION TO DISMISS AND MOTION
TO STRIKE FROM MAY 30, 2013, TO
JUNE 27, 2013; AND
(3) TO CONTINUE CASE
MANAGEMENT CONFERENCE FROM
MAY 15, 2013, UNTIL JUNE 27, 2013

Plaintiffs,
v.
ALERE HOME MONITORING, INC.,
Defendant.

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Judge: Hon. Jon Tigar
Ctrm: 9, 19th Floor

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Pursuant to Local Rules 6-2 and 7-12, plaintiffs John Falkenberg and Steven

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Ingargiola (collectively "plaintiffs") and defendant Alere Home Monitoring, Inc. ("Alere")

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agree and stipulate as follows:

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WHEREAS, in this action, Alere filed a motion to dismiss and motion to strike, which

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are pending, with opposition briefs due on April 26, 2013, reply briefs due on May 3, 2013, and

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the hearing currently set to take place on May 30, 2013;

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Stipulation - Case No.3: 13-cv-00341-JST

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WHEREAS counsel for plaintiffs has a family medical emergency as well as a busy

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litigation schedule, and therefore respectfully requests an extension in order to meet plaintiffs'

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current deadline for filing their opposition briefs (Frei-Pearson Decl., ~ 3);

WHEREAS the parties previously stipulated to extend Alere's time to respond to the

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complaint by six weeks (Id. at ~ 4);

WHEREAS this extension will not impact the case's schedule outside of the relief

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requested in the instant stipulation (Id. at ~ 5);

NOW, THEREFORE, plaintiffs and Alere, by and through their attorneys of record,

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agree and stipulate that:
(I)

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shall be May 24, 2013;

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(2)

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Alere's deadline to file a reply in support of its motion to dismiss and motion
to strike shall be June 13,2013;

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(3)

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IS

The hearing on Alere's motion to dismiss and motion to strike shall be
continued to June 27, 2013, at 2:00 p.m.

Pursuant to Local Rules 6-2, 7-12, and 16-2(e), plaintiffs and Alere further agree

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Plaintiffs' deadline to oppose Alere's motion to dismiss and motion to strike

and stipulate as follows:

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WHEREAS a case management conference is currently scheduled for May 15,2013;

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WHEREAS the parties have stipulated to continue the hearing on A1ere's motion to

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dismiss and motion to strike until June 27, 2013;

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WHEREAS the parties believe that, the case management conference would be more

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productive and beneficial if it were held at a time when the briefing on Alere's motion to

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dismiss and motion to strike is complete and the Court is fully apprised of the landscape of this

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action;

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NOW, THEREFORE, plaintiffs and A1ere, by and through their attorneys of record,

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agree and stipulate that the case management conference will be continued to June 27, 2013, at

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2:00 p.m. so as to coincide with the hearing on Alere's motion to dismiss and motion to strike.

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In the alternative, should the Court prefer to hold the case management conference on a
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Stipulation - Case No.3: 13-cv-00341-JST

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Wednesday, the parties stipulate to continue the case management conference until June 26,

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2013, at 2:00 p.m., or until a date and time that is acceptable to the Court. The parties will

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submit their joint case management statement five court days prior to the new conference date,

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and will comply with the deadlines set forth in Fed. R. Civ. Proc. 26 as they relate to this new

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date.

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DATED: April 23, 2013

SEDGWICK LLP

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By: /s/ Stephanie Sheridan
STEPHANIE SHERIDAN
KELLY SAVAGE DAY
ALISON ANDRE
Attorneys for Defendant
ALERE HOME MONITORING, INC.

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DATED: April 23, 2013

MEISELMAN, PACKMAN, NEALON,
SCIALABBA & BAKER P.C.

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By: /s/ Jeremiah Frei-Pearson
JEREMIAH FREI-PEARSON (Pro Hac Vice)
D. Greg Blankinship (pro Hac Vice)
Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
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D
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Judge of the District Court DIF
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Dated: April 23, 2013 .,2013

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Stipulation - Case No.3: J3-cy-00341-JST

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