Daniel v. Five Stars Loyalty, Inc.

Filing 33

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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1 2 3 4 5 6 7 8 9 10 11 12 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 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 SUNIL DANIEL, individually, and on behalf of all others similarly situated, 18 19 20 21 22 23 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 24 25 26 27 28 1 STIPULATION & ORDER TO CONTINUE OPP’N & REPLY DEADLINES – Case No. 14-CV-03546 1 Pursuant to rules 6-1, 6-2, 7-7, and 7-12 of the Northern District of California’s Local Rules, 2 Plaintiff Sunil Daniel and Defendant Five Stars Loyalty, Inc. stipulate to continue the opposition and 3 reply deadlines for Five Stars’ Motion to Dismiss and Stay. The Stipulation is based on the following 4 facts: 5 1. Defendant’s Motion to Dismiss and Stay was filed on October 2, 2015. (See generally 6 Five Stars’ Notice of Mot. & Mot. to Dismiss First Am. Compl., & in the Alternative, to Stay the Case 7 (“Def.’s Mot.”) [ECF 28].) The Motion selected a hearing date of November 18, 2015 (see Def.’s Mot. 8 [ECF 28] at 1:24), which provides approximately two weeks more notice than is required under the 9 Northern District’s Local Rules, see N.D. Cal. Civ. R. 7-2. 10 2. Under rule 7-3 of the Local Rules, Plaintiff’s opposition papers to the Motion are due on 11 October 16, 2015, and Defendant’s reply papers are due on October 23, 2015 . See N.D. Cal. Civ. R. 7- 12 3(a). 13 3. On account of preexisting commitments, those of Plaintiff’s counsel who are principally 14 tasked with handling law-and-motion matters—David Zelenski, Abigail Zelenski, and Mark 15 Greenstone—have insufficient time to duly oppose Defendant’s Motion. Mr. Greenstone’s wife recently 16 gave birth to their first child, and Mr. Zelenski and Ms. Zelenski are scheduled to be out of the office 17 from October 10 through October 16, 2015, for a preplanned vacation. 18 4. In light of the commitments set forth in paragraph 3, Plaintiff and Defendant agree that 19 the opposition deadline should be continued to October 23, 2015, and that the reply deadline should be 20 continued to November 4, 2015. The hearing date will remain as set, for November 18, 2015. 21 5. The requested continuance will not affect any other matters currently scheduled by the 22 Court. Adopting the above schedule for the opposition and reply papers still provides the Court with 23 fourteen days from the close of all briefing to review all papers prior to the hearing—the amount of time 24 contemplated by the Local Rules. See N.D. Cal. Civ. R. 7-3(c). In addition, the Initial Case 25 Management Conference has not yet taken place, and no scheduling order has yet been entered. 26 6. The only other continuance requested by the parties was a Stipulation extending the time 27 for Defendant to respond to Plaintiff’s initial Complaint. (See generally Joint Stipulation to Extend 28 Time to Respond to Compl. [ECF 11].) The Court granted that Stipulation on August 7, 2015. (Joint 2 STIPULATION & ORDER TO CONTINUE OPP’N & REPLY DEADLINES – Case No. 14-CV-03546 1 Stipulation to Extend Time to Respond to Compl. [ECF 11] at 3:7–18.) 2 Based on the foregoing, Plaintiff and Defendant HEREBY STIPULATE as follows: 3 1. 4 by October 23, 2015. 5 6 Plaintiff’s opposition papers to the Motion to Dismiss and Stay must be filed and served 2. Defendant’s reply papers for the Motion to Dismiss and Stay must be filed and served by November 4, 2015. 7 IT IS SO STIPULATED. 8 9 Dated: October 8, 2015 10 /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 11 12 13 14 15 16 JAURIGUE LAW GROUP GLANCY PRONGAY & MURRAY LLP Dated: October 9, 2015 17 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. 18 19 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 Dated: October 9, 2015 25 Hon. William H. Orrick U.S. District Court Judge 26 27 28 1 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. 3 STIPULATION & ORDER TO CONTINUE OPP’N & REPLY DEADLINES – Case No. 14-CV-03546

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