Garrison et al v. Whole Foods Market, Inc.

Filing 25

STIPULATION AND ORDER RE 24 TO EXTEND BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT AND MOTION TO STRIKE. Case Management Conference set for 5/29/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Motion Hearing set for 5/29/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 4/10/14. (cl, COURT STAFF) (Filed on 4/10/2014)

1
2
3
4
5
6
7

SCOTT COLE & ASSOCIATES, APC
Matthew R. Bainer (SBN 220972)
[e-mail]
Molly A. DeSario (SBN 230763)
[e-mail]
Courtland W. Creekmore (SBN 182018)
[e-mail]
1970 Broadway, Ninth Floor
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Representative Plaintiffs
and the Plaintiff Classes

8
9
10
11
12
13
14
15

SEYFARTH SHAW LLP
Jay W. Connolly (SBN 114725)
[e-mail]
Giovanna A. Ferrari (SBN 229871)
[e-mail]
Joseph J. Orzano (SBN 262040)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
WHOLE FOODS MARKET GROUP, INC.

16
17
18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20
21

MARY GARRISON and GRACE
GARRISON, individually, and on behalf of all
others similarly situated,

22

Plaintiffs,

23
24
25

v.

Case No. 4:13-CV-05222-RS
STIPULATION AND [PROPOSED]
ORDER TO EXTEND BRIEFING
SCHEDULE FOR DEFENDANT’S
MOTION TO DISMISS THE FIRST
AMENDED COMPLAINT AND
MOTION TO STRIKE

WHOLE FOODS MARKET GROUP, INC.,
Defendant.

26
27
28
Stipulation and [Proposed] Order to Extend Briefing Schedule for
Defendant’s Motion To Dismiss and Motion to Strike

1

Pursuant to Civil Local Rule 7-12, Plaintiffs Mary Garrison and Grace Garrison

2

(“Plaintiffs”) and Defendant Whole Foods Market Group, Inc. (“Defendant”) (collectively, “the

3

Parties”), by and through their counsel hereby stipulate and agree as follows:

4
5

WHEREAS, Defendant filed its Motion to Dismiss Plaintiffs’ First Amended Complaint
and Motion to Strike on April 7, 2014 (“Motion”);

6
7

WHEREAS, Plaintiffs’ current deadline to respond to Defendant’s Motion is April 21,
2014 and Plaintiffs desire an additional week to extend a briefing schedule for their response;

8
9

WHEREAS, the Parties have consequently agreed to allow Defendant an additional
week to reply to Plaintiffs’ response to Defendant’s Motion;

10
11

WHEREAS, the Initial Case Management Conference is currently scheduled for May
15, 2014;

12
13

WHEARAS, the Parties have agreed to continue the Initial Case Management
Conference to the continued Motion hearing date;

14
15

WHEREAS, the Parties have conferred and Defendant does not oppose Plaintiffs’
request;

16

IT IS HEREBY STIPULATED that

17

1.

18

additional seven days to April 28, 2014;

19
20

Plaintiffs’ deadline to file a response to Defendant’s Motion shall be extended an

2.

Defendant’s deadline to file a reply to Plaintiff’s response to Defendant’s Motion

shall be extended an additional seven days to May 12, 2014;

21

3.

The Initial Case Management Conference is continued to the continued Motion

22

hearing date of May 29, 2014 or the next available date thereafter that is convenient for the

23

Court.

24
25

4.

By entering into this stipulation, Defendants do not waive any defense they may

have to this matter, including but not limited to lack of personal jurisdiction.

26
27
28

IT IS SO STIPULATED.
1
Stipulation and [Proposed] Order to Extend Briefing Schedule for
Defendant’s Motion To Dismiss and Motion to Strike

1

DATED: APRIL 10, 2014

SCOTT COLE & ASSOCIATES, APC

2
3
By: /s/Courtland W. Creekmore
Matthew R. Bainer
Molly A. DeSario
Courtland W. Creekmore
Attorneys for Plaintiffs and the Plaintiff Classes

4
5
6
7
8

DATED: April 10, 2014

SEYFARTH SHAW LLP

9
By: /s/Joseph J. Orzano
Jay W. Connolly
Giovanna A. Ferrari
Joseph J. Orzano
Attorneys for Defendant
WHOLE FOODS MARKET GROUP, INC.

10
11
12
13
14

[PROPOSED] ORDER

15
16

PURSUANT TO STIPULATION, IT IS SO ORDERED.

17
18
19

DATED: _________________
4/10/14

_____________________________
HON. RICHARD SEEBORG
United States District Court Judge

20
21
22
23
24
25
26
27
28

2
Stipulation and [Proposed] Order to Extend Briefing Schedule for
Defendant’s Motion To Dismiss and Motion to Strike