Rushing v. Williams-Sonoma, Inc. et al

Filing 71

ORDER granting, in part, 70 Stipulation Continuing Case Management Conference. Case Management Conference continued to 4/4/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 3/28/2017. Signed by Judge William H. Orrick on 03/08/2017. (jmdS, COURT STAFF) (Filed on 3/8/2017)

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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.

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Case No. 3:16-cv-01421-WHO
Assigned to the Hon. William H. Orrick
CLASS ACTION
STIPULATION CONTINUING MARCH
14, 2017 CASE MANAGEMENT
CONFERENCE AND ORDER THEREON.
Complaint Filed:
Action Removed:
5th Am. Complaint Filed:
Trial Date:

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

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SMRH:481548693.3

Case No. 3:16-cv-01421-WHO
STIPULATION CONTINUING CMC

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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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Case Management Conference currently set for March 14, 2017 at 2:00 p.m. to June 6, 2017 at

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2:00 p.m.

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RECITALS
WHEREAS, on February 8, 2017, the Court set the Case Management Conference on
March 14, 2017 at 2:00 p.m. (Dkt. 60.)
WHEREAS, on February 28, 2017, the Court granted in part and denied in part

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Defendants’ motion to dismiss Plaintiff’s Fifth Amended Class Action Complaint (the “Order”).

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(Dkt. 64.)

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WHEREAS, in the Order, the Court directed Plaintiff to file his Sixth Amended Complaint
within twenty (20) days of the date of the Order.
WHEREAS, the current case calendar would require the parties to conduct the Fed. R. Civ.

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P. 26(f) conference, submit the Joint Case Management Conference Statement, and attend the

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Case Management Conference before Plaintiff files his Sixth Amended Complaint.

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WHEREAS, continuing the Case Management Conference until June 6, 2017 will provide

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enough time for Defendants to respond to the Sixth Amended Complaint and for the parties to

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comply with all Case Management Conference-related deadlines after Defendants’ response is

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filed and resolved, whether Defendants respond with an answer or with a motion to dismiss.

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WHEREAS, the parties have met and conferred and agree that continuing the March 14,

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2017 Case Management Conference, and all related dates, will conserve resources and serve the

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interests of judicial economy by allowing the parties and the Court to focus on the issues that will

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proceed in this litigation.

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

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-1SMRH:481548693.3

Case No. 3:16-cv-01421-WHO
STIPULATION CONTINUING CMC

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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;



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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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;

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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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

on January 20, 2017, the Court granted the parties’ stipulated request to continue

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the hearing on Defendants’ motion to dismiss from February 8, 2017 until February

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22, 2017; and

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

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on February 8, 2017, the Court continued the case management conference from
February 28, 2017 to March 14, 2017.

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-2SMRH:481548693.3

Case No. 3:16-cv-01421-WHO
STIPULATION CONTINUING CMC

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

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through their respective counsel, that the Case Management Conference should be continued from

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March 14, 2017 at 2:00 p.m. to June 6, 2017 at 2:00 p.m..

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IT IS SO STIPULATED.

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Dated: March 7, 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: March 7, 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:481548693.3

Case No. 3:16-cv-01421-WHO
STIPULATION CONTINUING CMC

ORDER

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PURSUANT TO STIPULATION, IT IS granted in part. This case has been pending in

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this Court since March 23, 2016. After two motions to dismiss the scope of the case should be

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clear to counsel, and it is high time to get it moving. I will continue the Case Management

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Conference to April 4, 2017 at 2:00 p.m. in Courtroom 2. The Joint Statement, to be filed by

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March 28, 2017, should propose a case management schedule. The Rule 26(f) conference should

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be conducted in advance of the filing of the Joint Statement.

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DATED: March 8, 2017

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The Honorable William H. Orrick
United States District Judge

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-4SMRH:481548693.3

Case No. 3:16-cv-01421-WHO
STIPULATION CONTINUING CMC