Rushing v. Williams-Sonoma, Inc. et al

Filing 40

STIPULATION AND ORDER - Case Management Conference set for 11/1/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 10/25/2016. Signed by Judge William H. Orrick on 08/23/2016. (jmdS, COURT STAFF) (Filed on 8/23/2016)

1 ROSE LAW GROUP
Kathryn Honecker (admitted pro hac vice)
2 Lauren Nageotte (admitted pro hac vice)
Audra Petrolle (admitted pro hac vice)
3
7144 E Stetson Drive, Suite 300
4 Scottsdale, Arizona 85251
Telephone:
480.505.3936
5 Email:
[e-mail]
6 Attorneys for Plaintiff and the Proposed Class [Additional Counsel on Signature Page]
7 SHEPPARD MULLIN RICHTER & HAMPTON LLP
No. 168646
8 P. CRAIG CARDON, Cal. BarCal. Bar No. 268531
BENJAMIN O. AIGBOBOH,
J. DIIULIO,
No.
9 ERICEmbarcadero Cal. Bar17th 301439
Four
Center,
Floor
San Francisco, California 94111-4109
10 Telephone:
415.434.9100
Email:
[e-mail]
11
[e-mail]
[e-mail]
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13 Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

16 WILLIAM RUSHING, Individually and on
Behalf of all Others Similarly Situated,
17
Plaintiff,
18
19

v.

20 WILLIAMS-SONOMA, INC., a Delaware
corporation, also d/b/a Williams-Sonoma and
21 Williams-Sonoma Home; WILLIAMSSONOMA DTC, INC., a California
22 corporation; WILLIAMS-SONOMA
ADVERTISING, INC., a California
23 corporation; WILLIAMS-SONOMA STORES,
INC., a California corporation; POTTERY
24 BARN, INC., a California corporation;
POTTERY BARN KIDS, INC., a California
25 corporation, also d/b/a Pottery Barn Baby;
POTTERY BARN TEEN, INC., a California
26 corporation also d/b/a PB Teen and PB Dorm;
WEST ELM, INC., a California corporation;
27 and DOES 1-30,

Case No. 3:16-cv-01421-WHO
Assigned to the Hon. William H. Orrick
CLASS ACTION
STIPULATED REQUEST FOR ORDER
CONTINUING SEPTEMBER 13, 2016
INITIAL CASE MANAGEMENT
CONFERENCE

Complaint Filed:
Action Removed:
TAC Filed:
Trial Date:

January 29, 2016
March 23, 2016
June 6, 2016
None Set

Defendants.

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SMRH:478874885.2

Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST FOR ORDER CONTINUING SEPT. 13 CMC

1

Pursuant to Fed. R. Civ. P. 16(b)(4) and N.D. Cal. Local Rules 6-2, 7-12, and 16-2(e),

2 Plaintiff William Rushing (“Plaintiff”) and Defendants Williams-Sonoma, Inc., Williams-Sonoma
3 DTC, Inc., Williams-Sonoma Advertising, Inc., Williams-Sonoma Stores, Inc., Pottery Barn, Inc.,
4 Pottery Barn Kids, Inc., Pottery Barn Teen, Inc., and West Elm, Inc. (collectively “Defendants”),
5 by and through their respective counsel, stipulate as follows:
6
7

RECITALS
WHEREAS, on August 15, 2016, the Court issued an Order Granting in Part Motion to

8 Dismiss (“Order”) and directed Plaintiff to file an amended complaint within 30 days of the Order,
9 i.e., by September 14, 2016;
10

WHEREAS, the Initial Case Management Conference is currently scheduled for

11 September 13, 2016 (Dkt. 35);
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WHEREAS, Plaintiff and Defendants have conferred and agree that continuing the Initial

13 Case Management Conference until after Plaintiff has filed his amended complaint pursuant to the
14 Order and Defendants have responded will not, at this early stage, have a significant effect on the
15 overall schedule for this case, and would be in the parties’ best interests and in the interest of
16 judicial economy, as such a continuance would enable both the parties and the Court to focus
17 attention and resources on the issues that will proceed in the litigation.
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WHEREAS, all previous time modifications in the case are as follows:

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•

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the First Amended Complaint from March 30, 2016 to April 20, 2016;
•

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on May 5, 2016, pursuant to stipulation of the parties, the Court continued the June
21, 2016 Case Management Conference to September 6, 2016;

•

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on March 29, 2016, the parties stipulated to extend Defendants’ time to respond to

on June 23, 2016, the parties stipulated to extend Defendants’ time to respond to
the Third Amended Complaint from June 23, 2016 to June 27, 2016; and

•

on August 4, 2016, pursuant to stipulation of the parties, the Court continued the

26

September 6, 2016 Case Management Conference to September 13, 2016.

27

WHEREAS, Eric DiIulio attests that Kathryn Honecker concurs in filing this Stipulated

28 Request For Order Continuing September 13, 2016 Initial Case Management Conference.
Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST FOR ORDER CONTINUING SEPT. 13 CMC

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SMRH:478874885.2

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THEREFORE, the parties hereby stipulate and request that the Court issue an order as

2 follows:
3

•

Plaintiff shall file his amended complaint on September 14, 2016;

4

•

Defendants shall file a response on or before October 3, 2016;
•

5
6

If Defendants’ response is an answer, the Initial Case Management
Conference shall be continued to November 1, 2016; and

•

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If Defendants’ response is a motion to dismiss, the Initial Case Management

8

Conference shall be continued to the first available date at least 30 days

9

after the Court issues an order on Defendants’ motion.

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IT IS SO STIPULATED.

11
12 Dated: August 17, 2016

ROSE LAW GROUP, PC

13
By

14
15

/s/ Kathryn Honecker
Kathryn Honecker (admitted pro hac vice)
Lauren Nageotte (admitted pro hac vice)
Audra Petrolle (admitted pro hac vice)

16
-and-

17

George Richard Baker, Cal. Bar No. 224003
BAKER LAW, PC
436 N. Stanley Avenue
Los Angeles, California 90036
Telephone:
323.452.9685
Email:
[e-mail]

18
19
20
21

Attorneys for Plaintiffs and the Proposed Class

22
23 Dated: August 17, 2016

SHEPPARD MULLIN RICHTER & HAMPTON LLP

24
By

/s/Eric J. DiIulio
P. Craig Cardon
Benjamin O. Aigboboh
Eric J. DiIulio

25
26
27

Attorneys for Defendants

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Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST FOR ORDER CONTINUING SEPT. 13 CMC

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SMRH:478874885.2

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

3 Dated: _________________, 2016
August 23
4
5
The Hon. William H. Orrick
United States District Judge

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Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST FOR ORDER CONTINUING SEPT. 13 CMC

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SMRH:478874885.2