Jacqueline Benjamin, et al.-v-B & H Education, Inc., et al

Filing 60

Order by Hon. Vince Chhabria granting 59 Stipulation to Extend Time to Amend the Pleadings.(knm, COURT STAFF) (Filed on 11/12/2014)

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LEON GREENBERG (SBN 226253)
DANA SNIEGOCKI (SBN 261212)
LAW OFFICE OF LEON GREENBERG
2965 South Jones Boulevard #E-4
Las Vegas, NV 89146
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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BRYAN J. SCHWARTZ (SBN 209903)
ADETUNJI OLUDE SBN (264873)
BRYAN SCHWARTZ LAW
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs

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KEITH ZAKARIN (SBN 126528)
JULIE A. VOGELZANG (SBN 174411)
COURTNEY L. BAIRD (SBN 234410)
DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, CA 92101-4681
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant B&H Education, Inc.

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DAVID A. LOWE (SBN 178811)
CHAYA M. MANDELBAUM (SBN 239084)
MICHELLE G. LEE (SBN 266167)
RUDY, EXELROD, ZIEFF & LOWE, LLP
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

21 JACQUELINE BENJAMIN, BRYAN
GONZALEZ, and TAIWO KOYEJO, on behalf
22 of themselves and classes of those similarly
situated,
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Plaintiffs,
vs.
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B&H EDUCATION, INC., a corporation;
25 RASHED ELYAS, an individual; NAGUI
ELYAS, an individual; MICHAEL FLECKER
26 collectively dba “MARINELLO SCHOOLS OF
BEAUTY”; and DOES 1 through 100,
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Defendants.
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Case No. CV 13-04993-VC
JOINT STIPULATION TO EXTEND
TIME TO AMEND THE PLEADINGS
AND ORDER

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JOINT STIPULATION TO EXTEND TIME TO AMEND THE PLEADINGS
CASE NO. CV 13-04993-VC

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Plaintiffs JACQUELINE BENJAMIN, BRYAN GONZALES, and TAIWO KOYEJO

2 and Defendant B&H EDUCATION, INC., by and through their undersigned counsel in the
3 above-captioned matter, hereby stipulate as follows:
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WHEREAS, this case was initiated on October 25, 2013 when Plaintiffs filed their

5 Complaint (ECF No. 1);
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WHEREAS, on April 17, 2014, this case was reassigned to the Honorable

7 Vince Chhabria;
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WHEREAS, on July 10, 2014, the Court held the Case Management Conference and a

9 hearing on Defendants’ Motion to Dismiss the Amended Complaint;
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WHEREAS, on July 10, 2014, the Court entered a Case Management Scheduling Order

11 which, inter alia, sets the deadline for amending the pleadings as November 14, 2014 (ECF
12 No. 44);
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WHEREAS, on August 12th, Plaintiffs served a deposition notice pursuant to FRCP

14 30(b)(6) for the deposition of Defendant B&H Education, Inc., but the parties were unable to
15 schedule Defendant’s deposition until November 19, 2014, and may need to schedule further
16 30(b)(6) designees, depending on the outcome of that deposition;
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WHEREAS, the parties have agreed that an extension of the November 14th deadline for

18 amending the pleadings is necessary to allow for sufficient discovery; and
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WHEREAS, pursuant to Local Rule No. 6-2, the previous time modifications in this case

20 include the following: (1) stipulation to extent time for Plaintiffs to respond to Defendants’
21 motion to dismiss (Dkt. Nos. 18, 19), which resulted in Plaintiffs filing an amended complaint
22 addressing some of the issues raised in the motion; (2) stipulation to extend time for Defendants
23 to answer the amended complaint (ECF 22); and (3) stipulation to extend time to file Case
24 Management Statement (ECF Nos. 23, 25).
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IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendant, through their

26 respective counsel of record, that in the interest of fairness, judicial economy, and efficiency, the
27 Case Management Order should be modified to extend the deadline to amend the pleadings to
28 December 5, 2014. The proposed extension will not affect any other deadline in this case.
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JOINT STIPULATION TO EXTEND TIME TO AMEND THE PLEADINGS
CASE NO. CV 13-04993-VC

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IT IS SO STIPULATED.

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DATED: November 10, 2014

/s/ Chaya Mandelbaum
David A. Lowe
Chaya M. Mandelbaum
Michelle G. Lee
Counsel for Plaintiffs

DATED: November 10, 2014

/s/ Courtney Baird
Keith Zakarin
Julie A. Vogelzang
Courtney L. Baird
Counsel for Defendant

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ECF ATTESTATION
Pursuant to Civil L.R. 5-1(i)(3), the filer attests that concurrence in the filing of this

14 document has been obtained from each of the other signatories thereto.
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Executed this 10th day of November, 2014, at San Francisco, California.

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/s/ Chaya Mandelbaum
CHAYA M. MANDELBAUM

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JOINT STIPULATION TO EXTEND TIME TO AMEND THE PLEADINGS
CASE NO. CV 13-04993-VC

ORDER

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The Court having considered the Joint Stipulation to Extend Time to Amend the

3 Pleadings, ORDERS as follows:
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The deadline to amend the pleadings set by the Case Management Order is hereby

5 extended to December 5, 2014. This Order does not affect any other deadline in the Case
6 Management Order.
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8 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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November 12, 2014
Dated: _______________________

Judge Vince Chhabria
United States District Court

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JOINT STIPULATION TO EXTEND TIME TO AMEND THE PLEADINGS
CASE NO. CV 13-04993-VC