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

Filing 49

STIPULATION AND ORDER re 48 Stipulated Request to Continue Further Case Management Conference and Hearing and Briefing Deadlines on Defendants' Motion to Dismiss filed by See's Candies Inc. Responses due by 5/17/2017. Replies due by 5/31/2017. Motion Hearing and CMC set for 6/22/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 3/31/17. (bpf, COURT STAFF) (Filed on 3/31/2017)

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,
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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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20

AVI WEISS, individually and on behalf of a
21 class of similarly situated individuals,
Plaintiff,

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23

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
FURTHER CASE MANAGEMENT
CONFERENCE AND HEARING AND
BRIEFING DEADLINES 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:482194818.2

STIP REQUEST TO CONTINUE CMC, HEARING, & BRIEFING DEADLINES

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 further case management conference as well as the hearing and briefing
6 deadlines on See’s motion to dismiss as set out below.
7

RECITALS

8

WHEREAS, on March 16, 2017, the Court continued: (1) the deadline for plaintiff to

9 oppose See’s motion to dismiss to fourteen days after the Court ruled on the parties’ discovery
10 dispute; (2) the deadline for See’s to reply in support of its motion to dismiss to 28 days after the
11 discovery ruling; and (3) the hearing on See’s motion to dismiss from April 27, 2017 to May 25,
12 2017 at 1:30 p.m. Dkt. 45.
13

WHEREAS, the Court ruled on the parties discovery dispute on March 20, 2017. Dkt. 47.

14

WHEREAS, See’s is gathering the information necessary to amend its responses pursuant

15 to the Court’s discovery ruling, but, as the Easter holiday is a tremendously busy time for See’s, it
16 may not be able to produce complete responses until May 3, 2017.
17

WHEREAS, plaintiff’s deadline to oppose See’s motion to dismiss is currently April 3,

18 2017 and See’s deadline to reply is currently April 17, 2017.
19

WHEREAS, based on the current schedule plaintiff would be required to oppose See’s

20 motion to dismiss before See’s produces amended responses.
21

WHEREAS, the parties have met and conferred and agreed to extend plaintiff’s deadline to

22 oppose See’s motion to dismiss from April 3, 2017 until May 17, 2017 and See’s deadline to reply
23 in support of its motion to dismiss from April 17, 2017 until May 31, 2017.
24

WHEREAS, the proposed briefing schedule will require a continuance of the further case

25 management conference and the hearing on See’s motion to dismiss. Counsel for both parties are
26 available to attend the hearing on June 22, 2017 at 1:30 p.m. and request that the Court continue
27 the hearing and further case management conference to that date.
28 / / /
-1SMRH:482194818.2

Case No. 16-cv-00661-EMC

STIP REQUEST TO CONTINUE CMC, HEARING, & BRIEFING DEADLINES

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WHEREAS, prior modifications of time in this case occurred:


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3

on February 29, 2016, when the parties agreed to extend See’s deadline to respond
the complaint to April 4, 2016 (Dkt. 15);



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5

on May 20, 2016, when the Court granted the parties’ request to continue the initial
case management conference from June 2, 2016 until August 18, 2016 (Dkt. 26);



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on February 22, 2017, when the Court granted the parties’ request to continue the

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hearing on See’s motion to dismiss from April 13, 2017 to April 27, 2017 (Dkt.

8

41); and


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on March 16, 2017, when the Court granted the parties’ request to continue: (1)

10

plaintiff’s deadline to oppose See’s motion to dismiss from March 16, 2017 until

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14 days after it resolved the parties discovery dispute; (2) See’s deadline to reply in

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support of its motion to dismiss from March 30, 2017 to 28 days after the Court

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resolved the parties discovery dispute; and (3) the further case management

14

conference and hearing on See’s motion to dismiss from April 27, 2017 to May 25,

15

2017.

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

17 case.
18

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

19 concurs in filing this stipulation.
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
-2SMRH:482194818.2

Case No. 16-cv-00661-EMC

STIP REQUEST TO CONTINUE CMC, HEARING, & BRIEFING DEADLINES

1
2

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

3 through their respective counsel, that plaintiff’s deadline to oppose See’s motion to dismiss is
4 extended from April 3, 2017 until May 17, 2017, See’s deadline to reply in support of its motion
5 to dismiss is extended from April 17, 2017 until May 31, 2017, and the further case management
6 conference and hearing on See’s motion to dismiss be continued from May 25, 2017 to June 22,
7 2017 at 1:30 p.m.
8

IT IS SO STIPULATED.

9
10 Dated: March 30, 2017

Parisi & Havens, LLP

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By

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

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-and-

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Dated: March 30, 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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-3 SMRH:482194818.2

Case No. 16-cv-00661-EMC

STIP REQUEST TO CONTINUE CMC, HEARING, & BRIEFING DEADLINES

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED:

3/31 , 2017

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-4SMRH:482194818.2

Case No. 16-cv-00661-EMC

STIP REQUEST TO CONTINUE CMC, HEARING, & BRIEFING DEADLINES