Koller v. Med Foods, Inc. et al

Filing 97

STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. Signed by Judge Richard Seeborg on 2/1/17. (cl, COURT STAFF) (Filed on 2/1/2017)

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GUTRIDE SAFIER LLP
ADAM J. GUTRIDE (State Bar No. 181446)
SETH A. SAFIER (State Bar No. 197427)
MARIE MCCRARY (State Bar No. 262670)
KRISTEN G. SIMPLICIO (State Bar No. 263291)
835 Douglass Street
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, SCOTT KOLLER

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT KOLLER, an individual, on behalf
of himself, the general public and those
similarly situated,
Plaintiff,
v.

CASE NO. 3:14-cv-02400-RS
ORDER
STIPULATION TO EXTEND BRIEFING
SCHEDULE AND HEARING DATE ON
PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION

DEOLEO USA, INC.; and MED FOODS,
INC.,
Defendants.

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-1STIPULATION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION

WHEREAS, on October 29, 2015 Plaintiff Scott Koller (“Plaintiff”) filed his Motion for

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Class Certification (Dkt. Nos. 61-62), and further briefing was not completed as the case was

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stayed on December 14, 2015 (Dkt. No. 79);

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WHEREAS, on January 19, 2017, this Court lifted the stay (Dkt. No. 90);

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WHEREAS, on January 20, 2017, Plaintiff filed his Renewed Notice of Motion for Class

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Certification (Dkt. No. 93);

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WHEREAS, Defendant’s current deadline to respond is set for February 3, 2017 and

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Plaintiffs’ reply in support of his Motion for Class Certification is currently due February 10,

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2017;
WHEREAS, the hearing on Plaintiff’s motion for class certification is currently set for

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March 2, 2017 at 1:30 p.m.;
WHEREAS, the parties need additional time to complete their briefs and conduct any

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relevant depositions;
WHEREAS, Defendants shall make their expert witnesses available for deposition no

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later than March 17, 2017 unless otherwise agreed by Plaintiffs’ counsel;
WHEREAS, Defendants agree not to seek further continuance of this schedule for any

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reason, including, but not limited to, reasons stemming from the dispute over the letter of request

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to Wagga Wagga Agricultural Institute, inability to complete discovery from Plaintiff and/or his

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experts, unavailability of witnesses, and unavailability of counsel;
WHEREAS, pursuant to Local Civil Rule 6-1(b), a Court order is necessary to extend the

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briefing schedule;

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WHEREAS, the postponement will not impact any other scheduled dates;

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WHEREAS, no other time modifications have been requested since the Court lifted the

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stay;

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NOW, THEREFORE, IT IS STIPULATED, by and between the undersigned parties,

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through their respective counsel of record, pursuant to Rule 6 and Local Civil Rules 6-1(b) and

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2(a), as follows:

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-2STIPULATION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION

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Defendant’s Opposition

March 2, 2017

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Plaintiff’s Reply

March 30, 2017

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Hearing Date

April 13, 2017 at 1:30 p.m.

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STIPULATED AND AGREED:

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Dated: February 1, 2017

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_/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

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Attorneys for Plaintiff

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Dated: February 1, 2017
__/s/ Stephanie A. Stroup______________________
Stephanie A. Stroup
FULBRIGHT & JAWORSKI LLP
555 South Flower Street, Forty-First Floor
Los Angeles, California 90071
Attorneys for Deoleo USA, Inc. (f/k/a Med Foods,
Inc.)

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Pursuant to Local Civil Rule 6-2(a), and GOOD CAUSE APPEARING THEREFOR,
the stipulated briefing schedule set forth above is hereby adopted.
IT IS SO ORDERED.

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DATED: 2/1/17
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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-3STIPULATION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION