Rushing v. Williams-Sonoma, Inc. et al

Filing 57

ORDER granting 56 STIPULATION to Continue Hearing on Defendants' Motion to Dismiss from February 8, 2017 to February 22, 2017. Hearing on 50 Motion to Dismiss set for 2/22/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 01/20/2017. (jmdS, COURT STAFF) (Filed on 1/20/2017)

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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WILLIAM RUSHING, Individually and on
Behalf of all Others Similarly Situated,

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Plaintiff,

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v.
WILLIAMS-SONOMA, INC., et al.,

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Defendants.

Case No. 3:16-cv-01421-WHO
Assigned to the Hon. William H. Orrick
CLASS ACTION
STIPULATED REQUEST TO CONTINUE
HEARING ON DEFENDANTS’ MOTION
TO DISMISS FROM FEBRUARY 8, 2017
TO FEBRUARY 22, 2017;
ORDER THEREON.
Complaint Filed:
Action Removed:
5th Am. Complaint Filed:
Trial Date:

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January 29, 2016
March 23, 2016
October 24, 2016
None Set

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SMRH:480624621.2

Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST TO CONTINUE HEARING
ON DEFENDANTS’ MOTION TO DISMISS

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
Pursuant to Northern District of California Local Rules 6-1, 6-2, and 7-12, Plaintiff

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William Rushing (“Plaintiff”) and Defendants Williams-Sonoma, Inc., Williams-Sonoma DTC,

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Inc., and Williams-Sonoma Advertising, Inc. (collectively “Defendants”), by and through their

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respective counsel, hereby respectfully stipulate and jointly request that the Court continue the

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hearing on Defendants’ motion to dismiss (Dkt. 50) from February 8, 2017 at 2:00 p.m. to

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February 22, 2017 at 2:00 p.m.
RECITALS

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WHEREAS, on December 6, 2016, the Court granted the parties’ stipulated request to

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extend the briefing schedule and set the hearing on Defendants’ motion to dismiss for February 8,

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2017. (Dkt. 52.)

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WHEREAS, lead counsel for Defendants will be out of the country for business on
February 8, 2017.
WHEREAS, the parties have met and conferred, and Plaintiff has agreed to join this

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request to continue the hearing on Defendants’ motion to dismiss to February 22, 2017 at 2:00

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p.m. so that lead counsel for both parties may attend.

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WHEREAS, all previous time modifications in the case are as follows:

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•

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to the First Amended Complaint from March 30, 2016 to April 20, 2016;
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on March 29, 2016, the parties stipulated to extend Defendants’ deadline to respond

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 June 23, 2016, the parties stipulated to extend Defendants’ deadline to respond

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to the Third Amended Class Action Complaint from June 23, 2016 to June 27,

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2016;

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•

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

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-1SMRH:480624621.2

Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST TO CONTINUE HEARING
ON DEFENDANTS’ MOTION TO DISMISS

•

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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 Case Management Conference for November 8, 2016;
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on October 5, 2016, pursuant to stipulation of the parties, the Court continued

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Defendants’ deadline to respond to Plaintiff’s Fourth Amended Class Action

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Complaint, set the briefing schedule for Defendants’ response to Plaintiff’s Fifth

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Amended Class Action Complaint, set the hearing on Defendants motion to dismiss

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for January 11, 2017, and continued the Case Management Conference to February

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7, 2016; and
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on December 6, 2016, pursuant to stipulation of the parties, the Court extended the

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opposition and reply briefing deadlines, continued the hearing on Defendants’

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motion to dismiss to February 8, 2017, and continued the Case Management

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Conference to February 28, 2017.

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WHEREAS, the continuance requested by the parties will not otherwise affect the schedule
for the case.

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

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-2SMRH:480624621.2

Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST TO CONTINUE HEARING
ON DEFENDANTS’ MOTION TO DISMISS

STIPULATION

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

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through their respective counsel, that the hearing on Defendants’ motion to dismiss (Dkt. 50)

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should be continued from February 8, 2017 at 2:00 p.m. to February 22, 2017 at 2:00 p.m.

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IT IS SO STIPULATED.

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Dated: January 18, 2017

ROSE LAW GROUP, PC

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By

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/s/ Kathryn Honecker
Kathryn Honecker (pro hac vice)
Audra Petrolle (pro hac vice)
Lauren Nageotte (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: January 18, 2017

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By
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P. Craig Cardon
Benjamin O. Aigboboh
Eric J. DiIulio

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Attorneys for Defendants

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-3SMRH:480624621.2

Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST TO CONTINUE HEARING
ON DEFENDANTS’ MOTION TO DISMISS

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED:

January 20

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, 2017

The Honorable William H. Orrick
United States District Judge

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-4SMRH:480624621.2

Case No. 3:16-cv-01421-WHO
STIPULATED REQUEST TO CONTINUE HEARING
ON DEFENDANTS’ MOTION TO DISMISS