Swearingen et al v. Late July Snacks LLC

Filing 123

STIPULATION AND ORDER re 122 CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS THIRD AMENDED COMPLAINT filed by Robert Figy, Mary Swearingen. Case Management Statement due by 9/7/2017. Further Ca se Management Conference set for 9/14/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion to Dismiss Hearing set for 9/14/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Responses due by 7/28/2017. Replies due by 8/18/2017. Signed by Judge Edward M. Chen on 7/10/17. (bpfS, COURT STAFF) (Filed on 7/10/2017)

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SHELTON DAVIS PLLC
David Shelton (admitted pro hac vice)
1223 Jackson Avenue East, Suite 202
Oxford, MS 38655
Telephone: [phone]
Email: [e-mail]

POLLACK SOLOMON DUFFY LLP
Joshua L. Solomon (admitted pro hac vice)
133 Federal Street, Suite 902
Boston, MA 02492
Telephone: [phone]
Email: [e-mail]

PRATT & ASSOCIATES
Ben F. Pierce Gore (SBN 128515)
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Email: [e-mail]

ROPES & GRAY LLP
Rocky C. Tsai (CA Bar No. 221452)
Three Embarcadero Center, Ste. 300
San Francisco, CA 94111-4006
Telephone:[phone]
Email: [e-mail]

Attorneys for Plaintiffs

Attorneys for Defendant Late July Snacks LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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Case No. 13-cv-4324-EMC

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MARY SWEARINGEN and ROBERT FIGY,
individually and on behalf of all others similarly
situated,

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Plaintiffs,

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v.
LATE JULY SNACKS LLC,

STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
SETTING BRIEFING SCHEDULE ON
MOTION TO DISMISS THIRD
AMENDED COMPLAINT
Judge: Hon. Edward M. Chen
Current CMC Date: July 27, 2017

Defendant.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING
SCHEDULE ON MOTION TO DISMISS
Case No. 13-cv-4324-EMC

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Subject to the Court’s approval, the parties stipulate as follows:

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WHEREAS, on June 30, 2017, Defendant Late July Snacks LLC (“Late July”) filed a

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Motion to Dismiss Plaintiffs’ Third Amended Complaint (the “Motion”), which set September
14, 2017 as the hearing date;
WHEREAS, Plaintiffs’ response to Late July’s Motion is due on July 14, 2017, and Late
July’s reply is due on July 21, 2017;
WHEREAS, due to the Fourth of July holiday and scheduling conflicts, Plaintiffs’
counsel needs additional time to respond to Late July’s Motion;
WHEREAS, a case management conference is currently scheduled on July 27, 2017; and
WHEREAS, the parties have conferred and agree that conducting the CMC prior to a

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hearing on Late July’s Motion is unlikely to advance this action or to be an efficient use of the

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Court’s or the parties’ resources;

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The parties stipulate and respectfully request that the Court enter an order as follows:

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1. Adjourning the July 27, 2017 CMC until September 14, 2017, or a date thereafter

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that is convenient for the Court;

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2. Setting a deadline of July 28, 2017 for Plaintiffs to respond to the Motion; and

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3. Setting a deadline of August 18, 2017 for Late July to file its reply brief.

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Dated: July 5, 2017

By:

/s/ Joshua L. Solomon
Joshua L. Solomon
Attorney for Defendant
LATE JULY SNACKS LLC

Dated: July 5, 2017

By:

/s/ Pierce Gore
Pierce Gore
Attorney for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING
SCHEDULE ON MOTION TO DISMISS
Case No. 13-cv-4324-EMC

for 9/14/17 at 1:30

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Honorable Edward M. Chen
U.S. District Judge
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7/10/17
Dated: _______________________

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p.m.
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Further CMC reset

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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[PROPOSED] ORDER

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING
SCHEDULE ON MOTION TO DISMISS
Case No. 13-cv-4324-EMC