Osborne v. Kraft Foods Group, Inc.

Filing 17

Order by Hon. Vince Chhabria granting 16 Stipulation Extending Briefing Deadlines and Hearing Date for Defendant's Motion to Dismiss.(knm, COURT STAFF) (Filed on 8/21/2015)

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A limited liability partnership formed in the State of Delaware

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Benjamin M. Lopatin, Esq. (SBN: 281730)
[e-mail]
EGGNATZ, LOPATIN & PASCUCCI, LLP
2201 Market Street, Suite H
San Francisco, California 94114
Telephone:
[phone]
Facsimile:
[phone]
Counsel for Plaintiff Yuri Osborne
and the Proposed Class
Kenneth K. Lee, Esq. (SBN: 264296)
[e-mail]
JENNER & BLOCK, LLP
633 West 5th St., Suite 3600
Los Angeles, CA 90071-2054
Tel. [phone]
Fax: [phone]
Counsel for Defendant, Kraft Foods Group, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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YURI OSBORNE, on behalf of himself and all
others similarly situated,

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Plaintiff,
v.
KRAFT FOODS GROUP, INC., a Virginia
corporation,
Defendant.

Case No.: 3:15-cv-2653-VC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND BRIEFING
DEADLINES AND HEARING DATE FOR
DEFENDANT’S MOTION TO DISMISS
CLASS ACTION
Hearing Date: September 24, 2015
Hearing Time: 10:00 am
Courtroom: 4
Judge: Hon. Judge Vincent Chhabria

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WHEREAS, pursuant to Civil L.R. 6-2, Plaintiff, Yuri Osborne (“Plaintiff”), individually

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and on behalf of all others similarly situated, with Defendant, Kraft Foods Group, Inc.

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(“Defendant”) (together, the “Parties”), by and through their undersigned counsel, hereby stipulate

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as follows, subject to a Court Order approving the Stipulation;

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WHEREAS, on August 12, 2015 Defendant filed a Motion to Dismiss Plaintiff’s Complaint

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(Doc. No. 15) (“Motion”), which is currently pending and set for hearing on September 24, 2015,

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before this Honorable Court;

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WHEREAS, Plaintiff’s deadline to file its Response to Defendant’s Motion (“Response”) is
currently set for August 26, 2015;
WHEREAS, Defendant’s deadline to file its Reply in support of its Motion (“Reply”) is
currently set for September 2, 2015;
WHEREAS, the Parties have agreed to a 3-week extension for Plaintiff to file its Response

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and for Defendant to file its Reply, and further agree to a 3-week continuance of the hearing

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currently set for Defendant’s Motion;

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WHEREAS, the Parties have agreed to extend Plaintiff’s deadline to file its Response to
September 16, 2015;
WHEREAS, the Parties have agreed to extend Defendant’s deadline to file its Reply to
September 23, 2015;
WHEREAS, the Parties have agreed to continue the hearing on Defendant’s Motion to
October 15, 2015;

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WHEREAS, good cause exists for the extensions because Plaintiff and Defendant require

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additional time to properly respond and reply, respectively, regarding Defendant’s Motion, and the

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Plaintiff and Defendant have agreed to the stipulated extensions;

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THEREFORE, IT IS HEREBY STIPULATED, pursuant to Civil L.R. 6-2, that:

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(1)   Plaintiff has until September 16, 2015, to file a Response to Defendant’s Motion;

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(2)   Defendant has until September 23, 2015, to file its Reply to Defendant’s Motion;

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(3)   The hearing on Defendant’s Motion should be continued to October 15, 2015;

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Stipulation and [Proposed] Order Extending Briefing Deadlines and Hearing for Motion to Dismiss
Case No. 15-cv-2653-VC

{00271213 }

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IT IS SO STIPULATED AND AGREED.

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Respectfully submitted,

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Dated: August 20, 2015

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Counsel for Plaintiff Yuri Osborne
and the Proposed Class

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-and-

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Dated: August 20, 2015

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By: /s/ Kenneth K. Lee
Kenneth K. Lee, Esq. (SBN: 264296)
[e-mail]
JENNER & BLOCK, LLP
633 West 5th St., Suite 3600
Los Angeles, CA 90071-2054
Tel. [phone]
Fax: [phone]

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Counsel for Defendant, Kraft Foods Group, Inc.

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By: /s/ Benjamin M. Lopatin
Benjamin M. Lopatin, Esq.
Cal. Bar No.: 281730
EGGNATZ, LOPATIN & PASCUCCI, LLP
2201 Market Street, Suite H
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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ATTESTATION

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I hereby attest that I have on file written authorization for any signatures indicated by a
“conformed” signature (/s/) in this e-filed document.

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/s/ Benjamin M. Lopatin
Benjamin M. Lopatin

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CERTIFICATE OF SERVICE

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The undersigned certifies that on August 20, 2015, the foregoing was electronically filed

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with the Clerk of the Court using the CM/ECF system, which will send copies to all counsel of

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record.
/s/ Benjamin M. Lopatin
Benjamin M. Lopatin

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Stipulation and [Proposed] Order Extending Briefing Deadlines and Hearing for Motion to Dismiss
Case No. 15-cv-2653-VC

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[PROPOSED] ORDER
Pursuant to the foregoing stipulation, it is so ordered.

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August 21, 2015
Dated: __________________

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___________________________
The Honorable Vincent Chhabria
United States District Court Judge

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Stipulation and [Proposed] Order Extending Briefing Deadlines and Hearing for Motion to Dismiss
Case No. 15-cv-2653-VC

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