Swearingen et al v. Late July Snacks LLC

Filing 29

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER re 26 Amended Complaint Extending Time for Def. Late July Snacks to Respond filed by Late July Snacks LLC. Signed by Judge Edward M. Chen on 1/2/14. (bpf, COURT STAFF) (Filed on 1/2/2014)

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POLLACK SOLOMON DUFFY LLP
JOSHUA L. SOLOMON (admitted pro hac vice)
133 Federal Street
Boston, MA 02110
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]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant Late July Snacks LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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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,
Plaintiffs,

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STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANT LATE JULY SNACKS
LLC TO RESPOND TO AMENDED
COMPLAINT

v.

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LATE JULY SNACKS LLC,

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Defendant.

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STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO AMENDED COMPLAINT
Case No. 13-cv-4324-EMC

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WHEREAS, Plaintiffs’ original complaint in the above-entitled action was served on
Defendant Late July Snacks LLC (“Defendant”) on October 9, 2013;

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WHEREAS, Plaintiffs and Defendant previously agreed, by stipulation filed on October

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14, 2013, to extend the time for Defendant to answer or otherwise respond to the Complaint to

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November 29, 2013;

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WHEREAS, Defendant filed a motion to dismiss Plaintiffs’ complaint on November 27,
2013;

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WHEREAS, on November 27, 2013, the Court issued a notice setting the following

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dates: Plaintiffs’ reply to Defendant’s motion to dismiss due on December 18, 2013; hearing on

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motion to dismiss set for February 6, 2014 at 1:30 p.m.; Case Management Statement due by

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February 20, 2013; and Case Management Conference reset from January 2, 2013 to February

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27, 2014 at 9:00 a.m.;

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WHEREAS, on November 4, 2013, Plaintiffs filed a notice of intent to file an amended
complaint (the “Amended Complaint”);
WHEREAS, Plaintiffs filed their Amended Complaint on December 18, 2013, in lieu of
a response to Defendant’s motion to dismiss;

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WHEREAS, the Amended Complaint is nearly three times as long as the original

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complaint and contains thirteen causes of action, in contrast to the original complaint’s two

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causes of action;

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WHEREAS, in light of the expanded length and added legal complexity of the Amended

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Complaint, as well as the upcoming holidays and counsel’s pre-existing travel plans related to

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the holidays, Plaintiffs and Defendant have agreed to extend the time for Defendant to answer or

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otherwise respond to the Amended Complaint to February 3, 2014;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED pursuant to Civil

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Local Rule 6-1(a), by and between the parties to this action per their undersigned counsel, that

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the deadline for Defendant to answer or otherwise respond to the Amended Complaint is hereby

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extended to February 3, 2014.

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-1STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO AMENDED COMPLAINT
Case No. 13-cv-4324-EMC

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Dated:

December 20, 2013

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By:

/s/ Rocky C. Tsai

Rocky C. Tsai

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Attorneys for Defendant
LATE JULY SNACKS LLC

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Dated:

December 20, 2013

By:

/s/ Ben F. Pierce Gore

Ben F. Pierce Gore

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Attorneys for Plaintiffs

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STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO AMENDED COMPLAINT
-2Case No. 13-cv-4324-EMC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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1/2/14
Dated: _______________________

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dward
Judge E

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M. Che

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APPRO

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Honorable Edward M. Chen
U.S. District CourtVED
Judge

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UNIT
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______________________________
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[PROPOSED] ORDER

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STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO AMENDED COMPLAINT
-3Case No. 13-cv-4324-EMC