Swearingen et al v. Santa Cruz Natural, Inc.

Filing 64

ORDER GRANTING 63 STIPULATION WITH PROPOSED ORDER Regarding Supplemental Briefing., Motions terminated: 63 STIPULATION WITH PROPOSED ORDER Regarding Supplemental Briefing filed by Santa Cruz Natural, Inc.. Signed by Judge Susan Illston on 7/26/16. (tfS, COURT STAFF) (Filed on 7/27/2016)

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1 2 3 4 5 6 Robert B. Hawk (Bar No. 118054) J. Christopher Mitchell (Bar No. 215639) Stacy Hovan (Bar No. 271485) HOGAN LOVELLS US LLP 4085 Campbell Avenue, Suite 100 Menlo Park, California 94025 Telephone: + 1 (650) 463-4000 Facsimile: + 1 (650) 463-4199 robert.hawk@hoganlovells.com chris.mitchell@hoganlovells.com stacy.hovan@hoganlovells.com 7 8 Attorneys for Defendant SANTA CRUZ NATURAL, INC. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 MARY SWEARINGEN and ROBERT FIGY, individually and on behalf of all others similarly situated, 14 15 16 17 Plaintiffs, v. Case No. 13-CV-4291-SI STIPULATION AND [PROPOSED] ORDER REGARDING SUPPLEMENTAL BRIEFING The Hon. Susan Illston SANTA CRUZ NATURAL, INC., Defendant. 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING SUPPLEMENTAL BRIEFING CASE NO. 13-CV-4291-SI 1 2 3 Plaintiffs Mary Swearingen and Robert Figy and Defendant Santa Cruz Natural, Inc., by and through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, during the July 7, 2016 status conference the court set August 1, 2016 as the 4 deadline for the parties to file five-page supplemental submissions regarding Defendant’s 5 currently pending Motion to Dismiss; 6 7 8 9 WHEREAS, Defendant’s counsel is handling an unexpected and ongoing emergency on another matter that will make it difficult to comply with the August 1, 2016 deadline; WHEREAS, Defendant wishes to request a brief extension from August 1 to August 8 and believes that good cause exists for such an extension; 10 WHEREAS, Plaintiffs’ counsel is agreeable to the extension. 11 THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant 12 and their counsel that, subject to Court approval that: 13 1. The due date for the parties to file their five-page supplemental submissions regarding 14 Defendant’s currently pending Motion to Dismiss, is extended to August 8, 2016. 15 2. The currently scheduled hearing on the Motion to Dismiss shall be continued from 16 August 12, 2016 to August 19, 2016 or such other date as may be convenient for the 17 Court. 18 19 Dated: July 25, 2016 By: 20 21 HOGAN LOVELLS US LLP /s/ J. Christopher Mitchell J. Christopher Mitchell Attorneys for Defendant SANTA CRUZ NATURAL, INC. 22 23 24 25 26 27 28 1 STIPULATION AND [PROPOSED] ORDER REGARDING SUPPLEMENTAL BRIEFING CASE NO. 13-CV-4291-SI 1 2 Dated: July 25, 2016 By: 3 PRATT & ASSOCIATES /s/ Pierce Gore Ben F. Pierce Gore 1871 The Alameda, Suite 425 San Jose, CA 95126 Tel: (408) 369-0800 Fax: (408) 369-0752 pgore@prattattorneys.com 4 5 6 David McMullen Jr. (admitted pro hac vice) DON BARRETT, P.A. P.O. Box 927 404 Court Square Lexington, MS 39095 Tel: (662) 834-2488 Fax: (662) 834-2628 7 8 9 10 Attorneys for Plaintiffs 11 12 13 14 ATTESTATION I, J. Christopher Mitchell, attest that Pierce Gore has approved the Stipulation and [Proposed] Order Regarding Supplemental Briefing and consents to its filing in this action. 15 By: 16 /s/ J. Christopher Mitchell J. Christopher Mitchell 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER REGARDING SUPPLEMENTAL BRIEFING CASE NO. 13-CV-4291-SI 1 ORDER 2 3 4 5 6 7 PURSUANT TO STIPULATION, and good cause appearing, the Court orders that: 1. The due date for the parties to file their five-page supplemental submissions regarding Defendant’s currently pending Motion to Dismiss is extended to August 8, 2016. 2. The currently scheduled hearing on the Motion to Dismiss shall be continued from August 12, 2016 to August 19, 2016. IT IS SO ORDERED. 8 9 10 7/26 Dated: _______________, 2016 _____________________________ The Honorable Susan Illston UNITED STATES DISTRICT COURT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER REGARDING SUPPLEMENTAL BRIEFING CASE NO. 13-CV-4291-SI

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