Swearingen et al v. Late July Snacks LLC

Filing 120

STIPULATION AND ORDER re 119 STIPULATION WITH PROPOSED ORDER Extending Deadline to Respond to Third Amended Complaint filed by Late July Snacks LLC. Signed by Judge Edward M. Chen on 6/9/17. (bpfS, COURT STAFF) (Filed on 6/9/2017)

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1 2 3 4 5 6 7 8 9 SHELTON DAVIS PLLC David Shelton (admitted pro hac vice) 1223 Jackson Avenue East, Suite 202 Oxford, MA 38655 Telephone: (662) 281-1212 Email: david@sheltondavispllc.com POLLACK SOLOMON DUFFY LLP Joshua L. Solomon (admitted pro hac vice) 133 Federal Street, Suite 902 Boston, MA 02492 Telephone: (617) 439-9800 Email: jsolomon@psdfirm.com PRATT & ASSOCIATES Ben F. Pierce Gore (SBN 128515) 1871 The Alameda, Suite 425 San Jose, CA 95126 Telephone: (408) 429-6506 Email: pgore@prattattorneys.com ROPES & GRAY LLP Rocky C. Tsai (CA Bar No. 221452) Three Embarcadero Center, Ste. 300 San Francisco, CA 94111-4006 Telephone:(415) 315-6300 Email: rocky.tsai@ropesgray.com Attorneys for Plaintiffs Attorneys for Defendant Late July Snacks LLC 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 12 13 14 Case No. 13-cv-4324-EMC 15 17 MARY SWEARINGEN and ROBERT FIGY, individually and on behalf of all others similarly situated, 18 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT Plaintiffs, 16 Judge: Hon. Edward M. Chen 19 v. 20 LATE JULY SNACKS LLC, 21 Defendant. 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT Case No. 13-cv-4324-EMC 1 Subject to the Court’s approval, the parties stipulate as follows: 2 WHEREAS, on May 5, 2017, the Court issued an order granting in part and denying in 3 4 5 6 part Late July’s motion to dismiss, which provided plaintiffs with 30 days to file a third amended complaint; WHEREAS, on June 2, 2017, plaintiffs filed their Third Amended complaint, which filing establishes, pursuant to Fed. R. Civ. P. 15(a)(3), a deadline of June 16, 2017 for Late July 7 to respond to the complaint; and 8 9 10 11 12 WHEREAS, the parties have agreed, in light of the length of the complaint, the nature of the amendments, and the Court’s allowance of 30 days for plaintiffs to prepare and file the amended complaint, that Late July should be permitted an additional two weeks to file a response to the Third Amended Complaint; 13 The parties stipulate and respectfully request that the Court enter an order setting June 14 30, 2017 as Late July’s deadline to respond to the complaint by answer or appropriate motion. 15 16 17 Dated: June 9, 2017 By: /s/ Joshua L. Solomon Joshua L. Solomon Attorney for Defendant LATE JULY SNACKS LLC Dated: June 9, 2017 By: /s/ Ben F. Pierce Gore Ben F. Pierce Gore Attorney for Plaintiffs 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT Case No. 13-cv-4324-EMC S RT R NIA FO M. Chen FO NO R NIA ORDERED Judge Edward H LI UNIT ED S DISTRICT TE C TA IT IS SO ER RT U O 9 N F D IS T IC T O R C LI ER A H 8 IT IS S Honorable Edward M. Chen U.S. District Judge Chen ard M. dge Edw Ju RT 7 D ERE ______________________________ O ORD NO 6 C A 5 6/9/17 Dated: _______________________ T RT U O 3 4 S DISTRICT E PURSUANT TO STIPULATION, IT IS SO ORDERED. AT S 2 [PROPOSED] ORDER UNIT ED 1 N F D IS T IC T O R C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT Case No. 13-cv-4324-EMC

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