Falkenberg et al v. Alere Home Monitoring, Inc.

Filing 53

STIPULATION AND ORDER re 52 STIPULATION WITH PROPOSED ORDER re 49 Request for Judicial Notice, 51 Request for Judicial Notice, 50 MOTION to Strike Alere Home Monitoring, Inc.'s Notice of Motion and Motion to Strike Portions of Plaintiffs' Complaint. Signed by Judge Jon S. Tigar on November 26, 2014. (wsn, COURT STAFF) (Filed on 11/26/2014)

ERIC A. GROVER (SBN 136080)
[e-mail]
CAREY G. BEEN (SBN 240996)
[e-mail]
KELLER GROVER LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]
Facsimile:
[phone]
Jeremiah Frei-Pearson (Pro Hac Vice)
[e-mail]
D. Greg Blankinship (Pro Hac Vice)
[e-mail]
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP
1311 Mamaroneck Avenue, Suite 220
White Plains, New York 10605
Telephone: [phone]
Facsimile: [phone]

Counsel for Plaintiffs and the Class

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOHN FALKENBERG and STEVEN
INGARGIOLA, on behalf of themselves and
all others similarly situated,

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

CASE NO. 13-cv-00341-JST
STIPULATION: (1) FOR EXTENDING
BRIEFING SCHEDULE ON THE
MOTION TO DISMISS AND MOTION TO
STRIKE; (2) TO CONTINUE THE
HEARING ON THE MOTION TO
DISMISS AND MOTION TO STRIKE
FROM JANUARY 8, 2015, TO JANUARY
22, 2015; AND (3) TO CONTINUE THE
CASE MANAGEMENT CONFERENCE
FROM JANUARY 14, 2015, UNTIL
FEBRUARY 25, 2015
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 Ingargiola
(collectively “Plaintiffs”) and Defendant Alere Home Monitoring, Inc. (“Alere”) agree and
stipulate as follows:
WHEREAS, in this action, Alere filed a motion to dismiss and motion to strike, which
are pending, with opposition briefs due on December 1, 2014 and reply briefs due on
December 8, 2014, and the hearing currently set to take place on January 8, 2015;
WHEREAS counsel for Plaintiffs have a busy litigation schedule and in light of the
upcoming holidays, Plaintiffs respectfully request an extension in order to meet Plaintiffs’
current deadline for filing their opposition briefs (Blankinship Decl., ¶ 3);
WHEREAS the parties previously stipulated to extend Alere’s time to respond to the
complaint by six (6) weeks (Id. at ¶ 4);
WHEREAS the parties previously stipulated to extend Plaintiffs time to oppose
Alere’s motion to dismiss and motion to strike the complaint by approximately four (4) weeks,
Alere’s reply papers thereto by approximately six (6) weeks, the hearing on Alere’s motion to
dismiss and motion to strike by approximately four (4) weeks, and the case management
conference by approximately six (6) weeks (Id. at ¶ 5);
WHEREAS this extension will not impact the case’s schedule outside of the relief of
the instant stipulation;
NOW, THEREFORE, Plaintiffs and Alere, by and through their attorneys of record,
agree and stipulate that:
(1) Plaintiffs’ deadline to oppose Alere’s motion to dismiss and motion to strike
shall be December 15, 2014;
(2) Alere’s deadline to reply in support of its motion to dismiss and motion to
strike shall be January 8, 2015;
(3) The hearing on Alere’s motion to dismiss and motion to strike shall be
continued to January 22, 2015, at 2:00 P.M.

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Pursuant to Local Rules 6-2, 7-12 and 16-2(e), Plaintiffs and Alere further agree
and stipulate as follows:
WHEREAS a case management conference is currently scheduled for January 14,
2015;
WHEREAS the parties believe that the case management conference would be more
productive and beneficial if it were held at a time when the briefing on Alere’s motion to
dismiss and motion to strike is complete and the Court is fully apprised of the landscape of this
action;
NOW, THEREFORE, Plaintiffs and Alere, by and through their attorneys of record,
agree and stipulate that the case management conference will be continued to February 25,
2015, at 2:00 P.M., or until a date and time that is acceptable to the Court, so as to follow the
hearing and decision on Alere’s motion to dismiss and motion to strike. The parties will
submit their joint case management statement five (5) court days prior to the new conference
date, and will comply with the deadlines set forth in Fed. R. Civ. Proc. 26 as they relate to this
new date.
DATED: November 26, 2014
By:

/s/ D. Greg Blankinship___________
D. Greg Blankinship (Pro Hac Vice)
Jeremiah Frei-Pearson (Pro Hac Vice)
FINKELSTEIN, BLANKINSHIP,
FREI-PEARSON & GARBER, LLP.
1311 Mamaroneck Avenue, Suite 220
White Plains, New York 10605
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Eric A. Grover (SBN 136080)
Carey G. Been (SBN 240996)
KELLER GROVER LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]

{00268528 }

Facsimile:
[phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs and the Class

DATED: November 26, 2014

By: __/s/ Stephanie Sheridan___________________
Stephanie Sheridan
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, California 94104-2835
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendant

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November 26
Dated: ______________, 2014

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PURSUANT TO STIPULATION, IT IS SO ORDERED. ES DISTRICT
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