Daniel v. Five Stars Loyalty, Inc.
Filing
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ORDER granting 32 STIPULATION to extend deadlines associated with 28 MOTION to Dismiss/MOTION to Stay. Responses due by 10/23/2015. Replies due by 11/4/2015. Signed by Judge William H. Orrick on 10/9/2015. (jmdS, COURT STAFF) (Filed on 10/9/2015)
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JAURIGUE LAW GROUP
Michael J. Jaurigue (SBN 208123)
Abigail A. Zelenski (SBN 228610)
David Zelenski (SBN 231768)
114 North Brand Boulevard, Suite 200
Glendale, California 91203
michael@jlglawyers.com
abigail@jlglawyers.com
david@jlglawyers.com
Telephone: (818) 630-7280
Facsimile: (888) 879-1697
GLANCY PRONGAY & MURRAY LLP
Lionel Z. Glancy (SBN 134180)
Marc L. Godino (SBN 182689)
Mark S. Greenstone (SBN 199606)
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: mgreenstone@glancylaw.com
Attorneys for Plaintiff Sunil Daniel
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SUNIL DANIEL, individually, and on behalf of
all others similarly situated,
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Plaintiff,
v.
FIVE STARS LOYALTY, INC., a Delaware
corporation; and DOES 1 through 50, inclusive,
Defendants.
Case No. 15-CV-03546-WHO
STIPULATION AND ORDER TO
CONTINUE THE OPPOSITION AND
REPLY DEADLINES FOR DEFENDANT’S
MOTION TO DISMISS AND STAY
Assigned to Hon. William H. Orrick
Hearing Date: November 18, 2015
Hearing Time: 2:00 p.m.
Hearing Location: Courtroom 2
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STIPULATION & ORDER TO CONTINUE OPP’N & REPLY DEADLINES – Case No. 14-CV-03546
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Pursuant to rules 6-1, 6-2, 7-7, and 7-12 of the Northern District of California’s Local Rules,
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Plaintiff Sunil Daniel and Defendant Five Stars Loyalty, Inc. stipulate to continue the opposition and
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reply deadlines for Five Stars’ Motion to Dismiss and Stay. The Stipulation is based on the following
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facts:
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1.
Defendant’s Motion to Dismiss and Stay was filed on October 2, 2015. (See generally
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Five Stars’ Notice of Mot. & Mot. to Dismiss First Am. Compl., & in the Alternative, to Stay the Case
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(“Def.’s Mot.”) [ECF 28].) The Motion selected a hearing date of November 18, 2015 (see Def.’s Mot.
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[ECF 28] at 1:24), which provides approximately two weeks more notice than is required under the
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Northern District’s Local Rules, see N.D. Cal. Civ. R. 7-2.
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2.
Under rule 7-3 of the Local Rules, Plaintiff’s opposition papers to the Motion are due on
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October 16, 2015, and Defendant’s reply papers are due on October 23, 2015 . See N.D. Cal. Civ. R. 7-
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3(a).
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3.
On account of preexisting commitments, those of Plaintiff’s counsel who are principally
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tasked with handling law-and-motion matters—David Zelenski, Abigail Zelenski, and Mark
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Greenstone—have insufficient time to duly oppose Defendant’s Motion. Mr. Greenstone’s wife recently
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gave birth to their first child, and Mr. Zelenski and Ms. Zelenski are scheduled to be out of the office
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from October 10 through October 16, 2015, for a preplanned vacation.
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4.
In light of the commitments set forth in paragraph 3, Plaintiff and Defendant agree that
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the opposition deadline should be continued to October 23, 2015, and that the reply deadline should be
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continued to November 4, 2015. The hearing date will remain as set, for November 18, 2015.
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5.
The requested continuance will not affect any other matters currently scheduled by the
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Court. Adopting the above schedule for the opposition and reply papers still provides the Court with
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fourteen days from the close of all briefing to review all papers prior to the hearing—the amount of time
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contemplated by the Local Rules. See N.D. Cal. Civ. R. 7-3(c). In addition, the Initial Case
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Management Conference has not yet taken place, and no scheduling order has yet been entered.
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6.
The only other continuance requested by the parties was a Stipulation extending the time
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for Defendant to respond to Plaintiff’s initial Complaint. (See generally Joint Stipulation to Extend
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Time to Respond to Compl. [ECF 11].) The Court granted that Stipulation on August 7, 2015. (Joint
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STIPULATION & ORDER TO CONTINUE OPP’N & REPLY DEADLINES – Case No. 14-CV-03546
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Stipulation to Extend Time to Respond to Compl. [ECF 11] at 3:7–18.)
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Based on the foregoing, Plaintiff and Defendant HEREBY STIPULATE as follows:
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1.
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by October 23, 2015.
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Plaintiff’s opposition papers to the Motion to Dismiss and Stay must be filed and served
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Defendant’s reply papers for the Motion to Dismiss and Stay must be filed and served by
November 4, 2015.
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IT IS SO STIPULATED.
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Dated: October 8, 2015
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/s/ David Zelenski 1
Lionel Z. Glancy
Marc. L. Godino
Mark S. Greenstone
Michael J. Jaurigue
Abigail A. Zelenski
David Zelenski
Attorneys for Plaintiff Sunil Daniel
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JAURIGUE LAW GROUP
GLANCY PRONGAY & MURRAY LLP
Dated: October 9, 2015
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KELLEY DRYE & WARREN LLP
/s/ Lauri Mazzuchetti
Lauri A. Mazzuchetti
Lee S. Brenner
Edward J. Mullins III
Catherine D. Lee
Attorneys for Defendant Five Stars Loyalty, Inc.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: October 9, 2015
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Hon. William H. Orrick
U.S. District Court Judge
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Pursuant to rule 5-1(i)(3) of the Northern District’s Local Rules, I hereby attest that all of the
signatories listed below, and on whose behalf the within filing is submitted, concur in the filing’s
content and have authorized its filing.
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STIPULATION & ORDER TO CONTINUE OPP’N & REPLY DEADLINES – Case No. 14-CV-03546
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