Rushing v. Williams-Sonoma, Inc. et al

Filing 48

ORDER granting 47 Stipulation. Case Management Conference continued to 2/7/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 1/31/2017. The hearing on the motion to dismiss shall be set on January 11, 2017 at 2 p.m. Signed by Judge William H. Orrick on 10/05/2016. (jmdS, COURT STAFF) (Filed on 10/5/2016)

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ROSE LAW GROUP
KATHRYN HONECKER (admitted pro hac vice)
AUDRA PETROLLE (admitted pro hac vice)
7144 E Stetson Drive, Suite 300
Scottsdale, Arizona 85251
Telephone:
480.505.3936
Email:
[e-mail]
[e-mail]

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Attorneys for Plaintiff and the Proposed Class [Additional Counsel on Signature Page]

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SHEPPARD MULLIN RICHTER & HAMPTON LLP
P. CRAIG CARDON, Cal. Bar No. 168646
BENJAMIN O. AIGBOBOH, Cal. Bar No. 268531
ERIC J. DIIULIO, Cal. Bar No. 301439
Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
Telephone:
415.434.9100
Email:
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
WILLIAM RUSHING, Individually and on
Behalf of all Others Similarly Situated,
Plaintiff,

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v.
WILLIAMS-SONOMA, INC., a Delaware
corporation, also d/b/a Williams-Sonoma, and
Williams-Sonoma Home, Pottery Barn, PB
Teen, and PB Dorm, Pottery Barn Kids,
Pottery Barn Baby, and West Elm;
WILLIAMS-SONOMA DTC, INC., a
California corporation; WILLIAMSSONOMA ADVERTISING, INC., a
California corporation; and DOES 1-30,

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Defendants.

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SMRH:479355295.2

Case No. 3:16-cv-01421-WHO
Assigned to the Hon. William H. Orrick
CLASS ACTION
STIPULATED REQUEST AND
ORDER:
(1) EXTENDING DEADLINE TO RESPOND
TO FOURTH AM. COMPLAINT;
(2) SETTING DEADLINE TO RESPOND TO
PROPOSED FIFTH AM. COMPLAINT;
(3) SETTING BRIEFING SCHEDULE FOR
ANTICIPATED MOTION TO DISMISS;
AND
(4) CONTINUING NOV. 8, 2016 CMC
Complaint Filed:
Action Removed:
4th Am. Complaint Filed:
Trial Date:

January 29, 2016
March 23, 2016
September 14, 2016
None Set

Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST RE: DEADLINE TO RESPOND TO FOURTH AND FIFTH AM.
COMPLAINTS, BRIEFING SCHEDULING, AND NOVEMBER 8 CMC

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

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Pursuant to Fed. R. Civ. P. 16(b)(4) and Northern District of California Local Rules 6-1, 6-

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2, 7-12, and 16-2(e), Plaintiff William Rushing (“Plaintiff”) and Defendants Williams-Sonoma,

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Inc., Williams-Sonoma DTC, Inc., and Williams-Sonoma Advertising, Inc. (collectively

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“Defendants”), by and through their respective counsel, hereby respectfully stipulate and jointly

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request that the Court extend Defendants’ deadline to respond to Plaintiff’s Fourth Amended Class

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Action Complaint (“Fourth Amended Complaint”); set the time for Defendants to respond to

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Plaintiff’s proposed Fifth Amended Class Action Complaint (“Fifth Amended Complaint”); set a

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briefing schedule for Defendants’ anticipated motion to dismiss; and continue the Case

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Management Conference currently set for November 8, 2016 (“CMC”) until after ruling on

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Defendants’ anticipated motion to dismiss.

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RECITALS

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WHEREAS, Plaintiff filed his Fourth Amended Complaint (Dkt. 43) on September 14,
2016.
WHEREAS, the deadline for Defendants to respond the Fourth Amended Complaint is
currently October 3, 2016 (Dkt. 40).

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WHEREAS, Plaintiff delivered an amended CLRA notice letter to Defendants on

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September 19, 2016 and Plaintiff plans to filed a Fifth Amended Complaint for the sole purpose of

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seeking permissible damages for the CLRA claim alleged in the Fourth Amended Complaint if

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Plaintiff’s CLRA claim is not resolved within 30 days of Defendants’ receipt of Plaintiff’s

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September 19, 2016 letter in accordance with California Civil Code § 1782(b). For avoidance of

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doubt, Defendants do not waive their right to pursue any challenges to the Fourth Amended

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Complaint or Fifth Amended Complaint including, but not limited to, the addition of any damages

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claims under the CLRA.

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WHEREAS, the Parties’ agree that Plaintiff’s Fifth Amended Complaint would render
moot any response to the Fourth Amended Complaint filed by Defendants.
WHEREAS, on September 26, 2016, the Court scheduled the initial CMC in this matter for
November 8, 2016 at 2:00 P.M. in Courtroom 2 (Doc. 46).
SMRH:479355295.2

Case No. 3:16-cv-01421-WHO
-2STIPULATED REQUEST RE: DEADLINE TO RESPOND TO FOURTH AND FIFTH AM.
COMPLAINTS, BRIEFING SCHEDULING, AND NOVEMBER 8 CMC

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WHEREAS, Plaintiff and Defendants have met and conferred and agree that Defendants’

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deadline to respond to the Fourth Amended Complaint should be extended until after Plaintiff files

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his anticipated Fifth Amended Complaint, agree to the terms of this stipulation and [proposed]

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order, and agree that continuing the CMC until after the Court has heard and ruled on Defendants’

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motion to dismiss the Fourth Amended Complaint or Fifth Amended Complaint will not, at this

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early stage, have a significant effect on the overall schedule for this case and would be in the

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parties’ best interests and in the interest of judicial economy by allowing them to focus their

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

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

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;



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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 August 4, 2016, pursuant to stipulation of the parties, the Court continued the
September 6, 2016 Case Management Conference to September 13, 2016; and



on August 23, 2016, pursuant to stipulation of the parties, the Court continued the

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September 13, 2016 Case Management Conference, and on September 26, 2016 the

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Court scheduled the CMC for November 8, 2016.

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WHEREAS, Plaintiff plans to file his Fifth Amended Complaint on or before October 24,

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2016, but does not waive his right to file his Fifth Amended Complaint after that date as permitted

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by California Civil Code § 1782(b).

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WHEREAS, Defendants will respond to the Fifth Amended Complaint as set forth below;

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WHEREAS, if Defendants file a motion to dismiss the Fifth Amended Complaint, the

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briefing of the motion to dismiss shall be scheduled as set forth below.
WHEREAS, if Plaintiff does not file a Fifth Amended Complaint by October 24, 2016,
Defendants deadline to respond to the Fourth Amended Complaint shall be November 14, 2016;
SMRH:479355295.2

Case No. 3:16-cv-01421-WHO
-3STIPULATED REQUEST RE: DEADLINE TO RESPOND TO FOURTH AND FIFTH AM.
COMPLAINTS, BRIEFING SCHEDULING, AND NOVEMBER 8 CMC

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WHEREAS, if Defendants file a motion to dismiss the Fourth Amended Complaint, the
briefing of the motion to dismiss shall be scheduled as set forth below.

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

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STIPULATION

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, by and
through their respective counsel, that:

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1.

If Plaintiff files a Fifth Amended Complaint by October 24, 2016, Defendants’

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obligation to respond to the Fourth Amended Complaint will become moot, and Defendants will

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respond to the Fifth Amended Complaint on or before November 14, 2016.

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2.

If Defendants file a motion to dismiss the Fifth Amended Complaint, the following

briefing schedule shall apply:

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a.

Plaintiff shall file his opposition on or before December 6, 2016; and

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b.

Defendants shall file their reply on or before December 20, 2016.

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3.

If Plaintiff advises Defendants that he intends to file a Fifth Amended Complaint

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after October 24, 2016, the parties agree to confer regarding the briefing schedule for any motion

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to dismiss the Fifth Amended Complaint.

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4.

If Plaintiff does not file a Fifth Amended Complaint by October 24, 2016 and

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advises Defendants that he will not be filing a Fifth Amended Complaint on or before October 24,

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2016, Defendants’ deadline to respond to the Fourth Amended Complaint shall be November 14,

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2016.

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5.

If Defendants file a motion to dismiss the Fourth Amended Complaint, the

following briefing schedule shall apply:

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a.

Plaintiff shall file his opposition on or before December 6, 2016; and

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b.

Defendants shall file their reply on or before December 20, 2016.

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6.

The CMC, currently set for November 8, 2016, and all related deadlines are

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continued until at least 30 days after ruling on Defendants’ motion to dismiss either the Fourth

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Amended Complaint or Fifth Amended Complaint.

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IT IS SO STIPULATED.
SMRH:479355295.2

Case No. 3:16-cv-01421-WHO
-4STIPULATED REQUEST RE: DEADLINE TO RESPOND TO FOURTH AND FIFTH AM.
COMPLAINTS, BRIEFING SCHEDULING, AND NOVEMBER 8 CMC

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Dated: October 3, 2016

ROSE LAW GROUP, PC

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By

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

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-and-

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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]

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Attorneys for Plaintiffs and the Proposed Class

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Dated: October 3, 2016

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By

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

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ORDER

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PURSUANT TO STIPULATION, as modified below, IT IS SO ORDERED:

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1. The hearing on the motion to dismiss shall be set on January 11, 2017 at 2 p.m.

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2. The Case Management Conference is continued until February 7, 2017.

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DATED October 5, 2016

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The Honorable William H. Orrick
United States District Judge

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SMRH:479355295.2

Case No. 3:16-cv-01421-WHO
-5STIPULATED REQUEST RE: DEADLINE TO RESPOND TO FOURTH AND FIFTH AM.
COMPLAINTS, BRIEFING SCHEDULING, AND NOVEMBER 8 CMC