Weiss v. See's Candy Shops, Inc. et al

Filing 41

STIPULATION AND ORDER re 40 Stipulated Request to Continue Case Management Conference and Hearing on Defendants' Motion to Dismiss filed by See's Candies Inc., See's Candy Shops, Inc. Motion Hearing reset for 4/27/2 017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Case Management Statement due by 4/20/2017. Further Case Management Conference set for 4/27/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/22/17. (bpfS, COURT STAFF) (Filed on 2/22/2017)

1 David C. Parisi (SBN 162248)
[e-mail]
2 Suzanne Havens Beckman (SBN 188814)
[e-mail]
3
PARISI & HAVENS LLP
4 212 Marine Street, Suite 100
Santa Monica, CA 90405
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Plaintiff Avi Weiss,
7
individually and on behalf of a class of
8 similarly situated individuals
(Additional counsel on signature page)
9
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
10
Including Professional Corporations
11 NEIL A.F. POPOVIĆ, Cal. Bar No. 132403
ERIC J. DiIULIO, Cal. Bar No. 301439
12 Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
415.434.9100
13 Telephone:
Facsimile:
415.434.3947
[e-mail]
14 Email:
[e-mail]
15
Attorneys for Defendants
16 SEE’S CANDY SHOPS, INC. and
SEE’S CANDIES INC.
17
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AVI WEISS, individually and on behalf of a
21 class of similarly situated individuals,
Plaintiff,

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v.

24 SEE’S CANDY SHOPS INC., SEE’S
CANDIES INC., and DOES 1 through 5,
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Defendants.
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Case No. 16-cv-00661-EMC
CLASS ACTION
STIPULATED REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND HEARING ON DEFENDANTS’
MOTION TO DISMISS
Assigned Hon. Edward M. Chen
Complaint filed: February 9, 2016
Trial Date:
TBD

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Case No. 16-cv-00661-EMC
SMRH:481251016.1

STIP REQUEST TO CONTINUE HEARING AND CMC

1 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
2

Pursuant to Northern District of California Local Rules 6-1, 6-2, and 7-12, plaintiff Avi

3 Weiss and defendants See’s Candies, Inc. and See’s Candy Shops, Inc. (collectively “See’s”), by
4 and through their respective counsel, hereby respectfully stipulate and jointly request that the
5 Court continue the case management conference and hearing on See’s’ motion to dismiss from
6 April 13, 2017, to April 27, 2017, at 1:30 p.m.
7

RECITALS

8

WHEREAS, on January 19, 2017, the Court set the hearing on See’s anticipated motion to

9 dismiss and a further case management conference for April 13, 2017. Dkt. 37.
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WHEREAS, lead counsel for See’s is scheduled to be in arbitration in another matter from

11 April 10 until April 14, 2017, and therefore cannot be present in this Court on April 13, 2017.
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WHEREAS, the parties have met and conferred and plaintiff agreed to defendants’ request

13 to continue the April 13, 2017 hearing and further case management conference until April 27,
14 2017.
15

WHEREAS, the only prior modification of time in this case occurred on February 29,

16 2016, when the parties agreed to extend See’s deadline to respond the complaint to April 4, 2016.
17

WHEREAS, the continuance requested herein will not otherwise affect the schedule for the

18 case.
19

WHEREAS, defendants’ counsel Eric DiIulio attests that Suzanne Havens Beckman

20 concurs in filing this stipulation.
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-1SMRH:481251016.1

Case No. 16-cv-00661-EMC

STIP REQUEST TO CONTINUE HEARING AND CMC

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STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, by and

3 through their respective counsel, that the case management conference and the hearing on See’s
4 motion to dismiss presently scheduled for April 13, 2017, at 1:30 p.m., shall be continued to April
5 27, 2017, at 1:30 p.m.
6

IT IS SO STIPULATED.

7
8 Dated: February 21, 2017

Parisi & Havens, LLP

9
By

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/s/ Susanne Havens Beckman
David C. Parisi
Susanne Havens Beckman

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-and-

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Dated: February 21, 2017

Yitzchak H. Lieberman (SBN 277678)
Grace E. Parasmo (pro hac vice)
[e-mail]
PARASMO LIEBERMAN LAW
7400 Hollywood Blvd, #505
Los Angeles, CA 90046
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By
Neil A.F. Popović
Eric J. DiIulio

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Attorneys for Defendants

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-2SMRH:481251016.1

Case No. 16-cv-00661-EMC

STIP REQUEST TO CONTINUE HEARING AND CMC

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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, 2017

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Edward M. Chen RDERED
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UnitedT IS SDistrict Judge
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DATED:

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-3SMRH:481251016.1

Case No. 16-cv-00661-EMC

STIP REQUEST TO CONTINUE HEARING AND CMC