Swearingen et al v. Late July Snacks LLC

Filing 46

STIPULATION AND ORDER re 45 STIPULATION WITH PROPOSED ORDER re: Briefing Schedule and Case Management Conference filed by Robert Figy, Mary Swearingen, Set/Reset Deadlines as to 45 STIPULATION WITH PROPOSED ORDER re: Briefi ng Schedule and Case Management Conference, 32 MOTION to Dismiss for Lack of Jurisdiction per FRCP 12(b)(1) & 12(b)(6). Case Management Statement due by 5/8/2014. Further Case Management Conference set for 5/15/2014 10:30 AM in Court room 5, 17th Floor, San Francisco. Responses due by 3/4/2014. Replies due by 3/25/2014. Motion Hearing set for 4/17/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/14/14. (bpf, COURT STAFF) (Filed on 2/14/2014)

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

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David Shelton (pro hac vice)
1223 Jackson Avenue East, Suite 202
P.O. Box 2541
Oxford, MS 38655
Telephone: [phone] (direct dial)
Fax: [phone]
[e-mail]

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Attorneys for Plaintiffs

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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,

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STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE AND CASE
MANAGEMENT CONFERENCE

Plaintiffs,

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v.

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LATE JULY SNACKS LLC,

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Defendant.

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STIPULATION AND PROPOSED ORDER REGARDING BRIEFING SCHEDULE AND CMC
Case No. 13-cv-4324-EMC

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WHEREAS, Plaintiffs and Defendant Late July Snacks LLC (“Defendant”) previously

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agreed, by stipulation, to extend the time for Defendant to answer or otherwise respond to the

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Plaintiffs’ Amended Complaint (Doc. #27), and the Court signed an order granting the

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stipulation (Doc. #29);

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WHEREAS, Defendant filed a Motion to Dismiss on February 3, 2014 (Doc. #32);

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WHEREAS, Defendant’s Motion to Dismiss is thirty (30) pages long, pursuant to the

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Court’s order granting in part the Motion for Leave to File Excess Pages (Doc. #31), which also

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permitted Plaintiffs to file an opposition up to thirty (30) pages long;

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WHEREAS, Defendant also filed a Request for Judicial Notice with numerous exhibits
(Doc. # 33-44);

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WHEREAS, in light of the expanded length of the Motion to Dismiss, as well as

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counsel’s pre-existing obligations in February and March, Plaintiffs and Defendant have agreed

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to extend the time for Plaintiffs to respond to Defendant’s Motion to Dismiss to March 4, 2014,

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and also extend Defendant’s time to reply until March 25, 2014;

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WHEREAS, the proposed amended briefing schedule would still require all briefing to

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be completed in advance of the hearing on the Motion to Dismiss, which is currently set for

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April 3, 2014; (motion hearing is reset

for 4/17/14 at 1:30 p.m.)

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WHEREAS, the parties have agreed to request that the Case Management Conference

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currently scheduled for February 27, 2014 be moved to after the hearing on the Motion to

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Dismiss (the parties understand that the Court would be available on April 24, 2014 for the

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rescheduled Case Management Conference);

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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 Plaintiffs to respond to Defendant’s Motion to Dismiss will be March 4, 2014

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and the deadline for Defendant to reply in support of its Motion to Dismiss will be March 25,

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2014, and that the Case Management Conference for this matter shall be re-set for April 24,

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2014.

5/15/14 at 10:30 a.m.

A joint CMC statement shall be filed by 5/8/14.

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-1STIPULATION AND PROPOSED ORDER REGARDING BRIEFING SCHEDULE AND CMC
Case No. 13-cv-4324-EMC

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Dated:

February 13, 2014

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By:

/s/ Rocky C. Tsai

Rocky C. Tsai
Attorneys for Defendant
LATE JULY SNACKS LLC

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Dated:

February 13, 2014

By:

/s/ Ben F. Pierce Gore

Ben F. Pierce Gore
Attorneys for Plaintiffs

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STIPULATION AND PROPOSED ORDER REGARDING BRIEFING SCHEDULE
Case No. 13-cv-4324-EMC
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. (as modified on p. 1)

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2/14/14

Dated: _______________________

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

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STIPULATION AND PROPOSED ORDER REGARDING BRIEFING SCHEDULE
Case No. 13-cv-4324-EMC
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