Guttmann v. Nissin Foods (U.S.A.) COMPANY, INC.

Filing 23

ORDER RE STIPULATION RE MOTION TO DISMISS AND FIRST AMENDED COMPLAINT re 22 Joint MOTION to Continue, 18 MOTION to Dismiss, 21 Joint MOTION to Continue. First amended complaint due by 5/1/2015 at noon. Motion Hearing set for 5/14/2015 11:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on April 2, 2015. (whalc1, COURT STAFF) (Filed on 4/2/2015)

1
2
IN THE UNITED STATES DISTRICT COURT

3
4

FOR THE NORTHERN DISTRICT OF CALIFORNIA
5
6
7
8

VICTOR GUTTMANN, on behalf of himself
and all other similarly situated,
Plaintiff,

9

11
For the Northern District of California

United States District Court

10

12

No. C 15-00567 WHA

v.
NISSIN FOODS (U.S.A.) COMPANY INC.,
Defendant.

ORDER RE STIPULATION RE
MOTION TO DISMISS AND
FIRST AMENDED COMPLAINT

/

13
14

In February 2015, plaintiff commenced this putative class action regarding trans fat in

15

instant noodles. Defendant filed a motion to dismiss. Now, the parties seek via joint stipulation

16

to continue the time for plaintiff to file a response to defendant’s motion so that plaintiff can file

17

a first amended complaint to add an additional claim (Dkt. No. 22). Plaintiff’s counsel represent

18

that they need to provide defendant with a thirty-day notice prior to adding this claim. To the

19

following extent, the parties’ stipulation is hereby GRANTED. Plaintiff has until

20

MAY 1 AT NOON, to file a first amended complaint (or opposition to defendant’s pending motion

21

to dismiss). Accordingly, the hearing on defendant’s pending motion to dismiss is hereby

22

continued to MAY 14 AT 11:00 A.M. (the same date as the initial case management conference).

23

If a first amended complaint is timely filed, then the motion hearing will be vacated but the

24

initial case management conference will remain on calendar.

25

Both sides shall please review the undersigned judge’s class action notice (Dkt. No. 10).

26

IT IS SO ORDERED.

27
28

Dated: April 2, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE