Koller v. Med Foods, Inc. et al

Filing 136

STIPULATION AND ORDER RE 135 Continuing Hearing and CMC. Signed by Judge Richard Seeborg on 12/20/17. (cl, COURT STAFF) (Filed on 12/20/2017)

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1 5 GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) SETH A. SAFIER (State Bar No. 197427) KRISTEN G. SIMPLICIO (State Bar No. 263291) 100 Pine Street, Suite 1250 San Francisco, California 94111 Telephone: (415) 639-9090 Facsimile: (415) 449-6469 6 Attorneys for Plaintiff, SCOTT KOLLER 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SCOTT KOLLER, an individual, on behalf of himself, the general public and those similarly situated, Plaintiff, 13 15 ORDER STIPULATION TO CONTINUE CASE DEADLINES PENDING CONTINUED SETTLEMENT NEGOTIATIONS 12 14 CASE NO. 3:14-cv-02400-RS v. DEOLEO USA, INC.; and MED FOODS, INC., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 -1- 1 2 3 4 5 6 7 8 9 10 WHEREAS, the Parties continue to make progress in the settlement discussions previously described to this Court on November 15, 2017 (dkt. # 129); WHEREAS, the Parties believe that they will benefit from continued settlement negotiations; WHEREAS, in the near term, Plaintiff is required to submit a reply in support of his motion for partial summary adjudication on December 21, 2017; WHEREAS, the Parties believe it would be better to conserve time and resources continuing to negotiate a settlement and finalizing a written settlement agreement if they reach agreement on the material terms; 11 WHEREAS, on December 18, 2017, the Court continued the January 4, 2018 hearing and 12 case management conference to January 25, 2018; a hearing on the motion is currently scheduled 13 for 1:30 p.m. on January 4, 2018 (dkt. ## 133, 134); 14 15 WHEREAS, pursuant to Local Civil Rule 6-1(b), a Court order is necessary to extend the briefing schedule; 16 WHEREAS, the postponement will not impact any other scheduled dates; 17 WHEREAS, only two other time modifications have been requested on this motion; 18 NOW, THEREFORE, IT IS STIPULATED, by and between the undersigned parties, 19 through their respective counsel of record, pursuant to Rule 6 and Local Civil Rules 6-1(b) and 20 2(a), that Plaintiff shall file his reply in support of his motion for partial summary judgment on 21 February 1, 2017, and the parties shall appear on February 15, at 1:30 p.m. for the hearing on that 22 motion and the case management conference. March 1, 23 24 25 26 27 28 STIPULATED AND AGREED: Dated: December 19, 2017 _/s/ Kristen G. Simplicio_____________________ Adam J. Gutride Seth A. Safier Kristen G. Simplicio GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250 San Francisco, California 94111 -1- 1 2 Attorneys for Plaintiff Dated: December 19, 2017 _/s/ Jeffrey Margulies____________________ Jeffrey Marguiles NORTON ROSE & FULBRIGHT LLP 555 South Flower Street, Forty-First Floor Los Angeles, California 90071 Attorneys for Defendant Deoleo USA, Inc. 3 4 5 6 7 8 9 10 11 Pursuant to Local Civil Rule 6-2(a), and GOOD CAUSE APPEARING THEREFOR, the stipulated schedule set forth above is hereby adopted. IT IS SO ORDERED. 12 13 14 DATED: 12/20/17 THE HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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