Mullins v. Premier Nutrition Corporation

Filing 59

JOINT STIPULATION AND ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT DISCLOSURE DEADLINES. Signed by Judge Richard Seeborg on 8/19/14. (cl, COURT STAFF) (Filed on 8/19/2014)

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VENABLE LLP
Angel A. Garganta (SBN 163957)
[e-mail]
Spear Tower, 40th Floor
One Market Plaza, 1 Market Street
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Guido E. Toscano (SBN 266304)
[e-mail]
2049 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone:
[phone]
Facsimile:
[phone]
ARNOLD & PORTER LLP
Trenton H. Norris (SBN 164781)
[e-mail]
Anton A. Ware (SBN 257848)
[e-mail]
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
PREMIER NUTRITION CORP.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
VINCENT D. MULLINS, individually and on) Case No. 3:13-cv-01271-RS
behalf of all others similarly situated,
)
) JOINT STIPULATION AND
Plaintiff
) [PROPOSED] ORDER CONTINUING
) INITIAL AND SUPPLEMENTAL
v.
) EXPERT DISCLOSURE DEADLINES
)
PREMIER NUTRITION CORP.
) Hon. Richard Seeborg
f/k/a JOINT JUICE, INC.,
)
) Current Dates: August 29, 2014 and
Defendant.
) September 26, 2014
) Proposed Dates: September 12, 2014 and
) October 10, 2014

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{00076179.V1}
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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT
DISCLOSURE DEADLINES
CASE NO. 3:13-CV-01271-RS

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Pursuant to Local Rule 6-1 and 6-2, Plaintiff Vincent D. Mullins (“Plaintiff”), and

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Defendant Premier Nutrition Corporation (“Defendant”), through their respective counsel of record

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(collectively, “the Parties”), hereby stipulate and agree, subject to the Court’s approval, as follows:

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WHEREAS, the initial expert disclosure deadline for any experts for summary judgment and
class certification in this matter is currently August 29, 2014;
WHEREAS, the supplemental expert disclosure deadline for any experts for summary
judgment and class certification in this matter is currently September 26, 2014;

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WHEREAS, the parties have attempted to schedule key party depositions prior to the current

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expert disclosure deadlines, however certain of these depositions were not able to be scheduled until

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a time beyond or sufficiently in advance of the current deadlines;
WHEREAS, this request is made in good faith as an extension is necessary to allow the
Parties sufficient time to complete their expert reports in a timely and comprehensive manner;
WHEREAS, this is only the second time the Parties have sought an extension of the expert
disclosure deadlines, and the deadlines were previously extended by only two weeks;

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WHEREAS, this extension will not affect any other deadlines set by the Court; and

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WHEREAS, this extension will not affect any pre-trial or trial dates as no dates have been

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set for trial.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through
their respective counsel and subject to the Court’s approval, that:

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1) the deadline for the Parties to exchange initial expert disclosures for summary judgment

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and class certification is extended from August 29, 2014 to September 12, 2014; and

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2) the deadline for the Parties to exchange supplemental expert disclosures for summary

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judgment and class certification is extended from September 26, 2014 to October 10,

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2014.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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{00076179.V1}- 1 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT
DISCLOSURE DEADLINES
CASE NO. 3:13-CV-01271-RS

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Dated: August 19, 2014

By:

/s/ Angel A. Garganta
Angel A. Garganta

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VENABLE LLP
Angel A. Garganta
Guido E. Toscano

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ARNOLD & PORTER LLP
Trenton H. Norris
Anton A. Ware

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Attorneys for Defendant
PREMIER NUTRITION CORP.

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Dated: August 19, 2014

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By: /s/ by consent, Thomas Joseph O’Reardon, II
Timothy G. Blood (SBN 149343)
Thomas Joseph O'Reardon, II (SBN 247952)
BLOOD HURST O'REARDON LLP
Attorneys for Plaintiff
Vincent D. Mullins

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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8/19/14
Dated: _____________________

_____________________________
Honorable Richard Seeborg
United States District Court Judge

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{00076179.V1}- 2 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT
DISCLOSURE DEADLINES
CASE NO. 3:13-CV-01271-RS