Koller v. Med Foods, Inc. et al

Filing 97


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1 2 3 4 5 6 7 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: (415) 639-9090 Facsimile: (415) 449-6469 Attorneys for Plaintiff, SCOTT KOLLER 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 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. 18 19 20 21 22 23 24 25 26 27 28 -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 1 2 Class Certification (Dkt. Nos. 61-62), and further briefing was not completed as the case was 3 stayed on December 14, 2015 (Dkt. No. 79); 4 WHEREAS, on January 19, 2017, this Court lifted the stay (Dkt. No. 90); 5 WHEREAS, on January 20, 2017, Plaintiff filed his Renewed Notice of Motion for Class 6 Certification (Dkt. No. 93); 7 WHEREAS, Defendant’s current deadline to respond is set for February 3, 2017 and 8 Plaintiffs’ reply in support of his Motion for Class Certification is currently due February 10, 9 2017; WHEREAS, the hearing on Plaintiff’s motion for class certification is currently set for 10 11 March 2, 2017 at 1:30 p.m.; WHEREAS, the parties need additional time to complete their briefs and conduct any 12 13 relevant depositions; WHEREAS, Defendants shall make their expert witnesses available for deposition no 14 15 later than March 17, 2017 unless otherwise agreed by Plaintiffs’ counsel; WHEREAS, Defendants agree not to seek further continuance of this schedule for any 16 17 reason, including, but not limited to, reasons stemming from the dispute over the letter of request 18 to Wagga Wagga Agricultural Institute, inability to complete discovery from Plaintiff and/or his 19 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 20 21 briefing schedule; 22 WHEREAS, the postponement will not impact any other scheduled dates; 23 WHEREAS, no other time modifications have been requested since the Court lifted the 24 stay; 25 NOW, THEREFORE, IT IS STIPULATED, by and between the undersigned parties, 26 through their respective counsel of record, pursuant to Rule 6 and Local Civil Rules 6-1(b) and 27 2(a), as follows: 28 -2STIPULATION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 1 Defendant’s Opposition March 2, 2017 2 Plaintiff’s Reply March 30, 2017 3 Hearing Date April 13, 2017 at 1:30 p.m. 4 STIPULATED AND AGREED: 5 6 Dated: February 1, 2017 10 _/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 11 Attorneys for Plaintiff 7 8 9 12 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.) 13 14 15 16 17 18 19 20 21 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. 22 23 24 DATED: 2/1/17 THE HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 25 26 27 28 -3STIPULATION TO EXTEND BRIEFING SCHEDULE AND HEARING DATE ON PLAINTIFF’S MOTION FOR CLASS CERTIFICATION

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