Papasan et al v. Dometic Corporation et al

Filing 23

ORDER by Judge Haywood S. Gilliam, Jr. Granting 21 Stipulation Regarding Briefing Schedule for Defendants' Motion to Dismiss. (ndrS, COURT STAFF) (Filed on 5/3/2016)

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LATHAM & WATKINS LLP
Peter A. Wald (Bar No. 85705)
Marcy C. Priedeman (Bar No. 258505)
505 Montgomery Street, Suite 2000
San Francisco, California
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants
DOMETIC CORPORATION and DOMETIC LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CATHERINE PAPASAN, NELSON
GOEHLE, ANDREW YOUNG, JIMMY
BYERS, CHRISTOPHER JOHNSTON, and
all persons similarly situated,

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Case No. 3:16-cv-02117-HSG
STIPULATION AND ORDER REGARDING
BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS

Plaintiffs,
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The Honorable Haywood S. Gilliam, Jr.
vs.

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DOMETIC CORPORATION and
DOMETIC LLC,

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Defendants.
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ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO.: 3:16-cv-02117-HSG

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Plaintiffs Catherine Papasan, Nelson Goehle, Andrew Young, Jimmy Byers, and

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Christopher Johnston (collectively, “Plaintiffs”) and defendants Dometic Corporation and

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Dometic LLC (jointly, “Defendants”), through their respective attorneys of record herein and

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without waiving any rights, claims, or defenses they have in this action, enter into this

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stipulation, with reference to the following circumstances:

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WHEREAS, Plaintiffs filed their Complaint on April 21, 2016;

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WHEREAS, Defendants were served on April 27, 2016;

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WHEREAS, the parties have not previously stipulated to any extension of time to answer

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or otherwise respond to the Complaint.

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WHEREAS, Defendants’ response to the Complaint is currently due May 18, 2016;

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WHEREAS, counsel for the parties have conferred and have agreed to extend the time

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for Defendants to answer or otherwise respond to the Complaint by thirty (30) days;
WHEREAS, counsel for the parties have also conferred and agreed to a briefing schedule
assuming Defendants file a motion to dismiss; and
WHEREAS, this thirty (30) day extension to respond to the Plaintiffs’ Complaint and the

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extended motion to dismiss briefing schedule will not affect the Initial Case Management

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Conference, currently scheduled for July 21, 2016.

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Accordingly, IT IS HEREBY STIPULATED AND AGREED between the parties, by
and through their counsel of record, as follows:

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1.

Defendants shall file a response to the Complaint by June 17, 2016.

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2.

If Defendants’ response to the Complaint is a motion to dismiss, and if Plaintiffs

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do not file an amended complaint pursuant to Rule 15 in response to such motion

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to dismiss, Plaintiffs shall file their opposition to the motion to dismiss by

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July 22, 2016.

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3.

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ATTORNEYS AT LAW
SAN FRANCISCO

If Plaintiffs file an opposition to the motion to dismiss and not an amended
complaint, Defendants shall file any reply brief by August 12, 2016.

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This extension does not affect any of the dates scheduled by the Court pursuant to
the Initial Case Management Scheduling Order, entered on April 22, 2016.
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STIPULATION AND [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO.: 3:16-cv-02117-HSG

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IT IS SO STIPULATED.

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Dated: May 2, 2016

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LATHAM & WATKINS LLP
Peter A. Wald
Marcy C. Priedeman

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By: /s/ Peter A. Wald

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505 Montgomery St., Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants Dometic Corporation and
Dometic LLC

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Dated: May 2, 2016

HAGENS BERMAN SOBOL SHAPIRO LLP
Steve W. Berman (pro hac vice )
Thomas E. Loeser
Ashley A. Bede (pro hac vice)
By: /s/ Steven W. Berman

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1918 Eight Avenue, Suite 3300
Seattle, WA 998101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO LLP
Jeff D. Friedman
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO.: 3:16-cv-02117-HSG

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LAW OFFICES OF TERRENCE A. BEARD
Terrence A. Beard
525 Marina Blvd.
Pittsburg, CA 94565
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Plaintiffs and the Proposed Class

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Pursuant to Civil Local Rule 5-1(i)(3), counsel for Defendants has obtained the
concurrence of Plaintiffs’ counsel, Steven W. Berman, in the filing of this stipulation.

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Dated: May 2, 2016

/s/

Peter A. Wald

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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Dated: May 3, 2016
The Honorable Haywood S. Gilliam, Jr.
United States District Judge

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO.: 3:16-cv-02117-HSG