Wu v. Post Foods, LLC et al

Filing 28

STIPULATION AND ORDER to Extend Deadlines for Response and Reply to Motion to Dismiss pursuant to Local Rule 6-2. Signed by Judge Richard Seeborg on 8/29/16. (cl, COURT STAFF) (Filed on 8/29/2016)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 Michael F. Ram, SBN #104805 Email: mram@rocklawcal.com RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP 101 Montgomery Street, Suite 1800 San Francisco, California 94104 Telephone: (415) 433-4949 Facsimile: (415) 433-7311 Beth E. Terrell, SBN #178181 Email: bterrell@terrellmarshall.com Erika L. Nusser Email: enusser@terrellmarshall.com 936 North 34th Street, Suite 300 Seattle, Washington 98103 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 Attorneys for Plaintiff and Proposed Class and California Sub-Class UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 13 14 15 16 ANDY WU, on behalf of himself and all others similarly situated, 17 18 19 20 21 22 23 Plaintiff, v. POST FOODS, LLC and POST HOLDINGS, INC., Case No. 4:16-cv-03494-DMR STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER AS MODIFIED BY THE COURT CLASS ACTION Defendants. Complaint Filed: June 22, 2016 Honorable Richard Seeborg 24 25 26 27 STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER - 1 CASE NO. 4:16-CV-03494-RS 1 Pursuant to the United States District Court, Northern District of California Local 2 Rules, Rule 6-1(a), Plaintiff Andy Wu (“Plaintiff”), and Defendant Post Foods, LLC, and Post 3 Holdings, Inc. (collectively, “Defendants”), by and through their respective counsel, stipulate 4 and agree as follows: 5 6 1. WHEREAS, Plaintiff filed his initial Complaint on June 22, 2016, and served the Complaint on July 5, 2016. 7 2. WHEREAS, per Defendants’ request, Plaintiff and Defendants entered into a 8 stipulation on July 15, 2016, extending Defendants’ time to answer or respond to Plaintiff’s 9 Complaint an additional 21 days, to August 16, 2016. 10 3. WHEREAS, per Defendants’ request, Plaintiff and Defendants entered into a 11 second stipulation on August 10, 2016, extending Defendants’ time to answer or respond to 12 Plaintiff’s Complaint an additional 7 days, to August 23, 2016. 13 4. WHEREAS, on August 23, 2016, Defendants filed a Motion to Dismiss 14 Pursuant to FRCP 12(b)(6) (“Motion to Dismiss”), and the deadline for Plaintiff to file a 15 response to the Motion to Dismiss is September 6, 2016. 16 17 5. WHEREAS, Plaintiff and Defendants have since agreed to extend the deadline for Plaintiff to file the response to the Motion to Dismiss by 14 days, to September 20, 2016. 18 6. WHEREAS, Plaintiff and Defendants have further agreed to extend the deadline 19 for Defendants to file their reply in support of the Motion to Dismiss by 21 days, to October 4, 20 2016. 21 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, 22 through their respective counsel, that Plaintiff shall respond to Defendants’ Motion to Dismiss 23 by September 20, 2016, and Defendant shall file a reply in support of their Motion to Dismiss 24 by October 4, 2016. Motion to Dismiss Hearing shall be heard on October 27, 2016 at 1:30 p.m. in Courtroom #3, 17th Floor. 25 26 27 STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER - 2 CASE NO. 4:16-CV-03494-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 TERRELL MARSHALL LAW GROUP PLLC By: Beth E. Terrell, SBN #178181 Beth E. Terrell, SBN #178181 Email: bterrell@terrellmarshall.com Erika L. Nusser, Admitted Pro Hac Vice Email: enusser@terrellmarshall.com 936 North 34th Street, Suite 300 Seattle, Washington 98103 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 Michael F. Ram, SBN #104805 Email: mram@rocklawcal.com RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP 101 Montgomery Street, Suite 1800 San Francisco, California 94104 Telephone: (415) 433-4949 Facsimile: (415) 433-7311 14 Attorneys for Plaintiff and Proposed Class and California Sub-Class 15 FAEGRE BAKER DANIELS LLP 16 21 By:/s/ Sarah Brew, Admitted Pro Hac Vice Tarifa B. Laddon, SBN #240419 Email: tarifa.laddon@faegrebd.com Sarah Brew, Admitted Pro Hac Vice Email: sarah.brew@faegrebd.com 1990 South Bundy Drive, Suite 620 Los Angeles, California 90025 Telephone: (310) 500-2090 Facsimile: (310) 500-2091 22 Attorneys for Defendants 17 18 19 20 23 24 25 26 27 STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER - 3 CASE NO. 4:16-CV-03494-RS 1 LOCAL RULE 5-1(i)(3) STATEMENT 2 Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this 3 document has been obtained from counsel for all parties, and that I will maintain records to 4 support this concurrence by all counsel subject to this Stipulation as required under the local 5 rule. 6 7 By: /s/ Beth E. Terrell, SBN #178181 Beth E. Terrell, on behalf of Plaintiff 8 9 10 11 12 I. ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated this ____ day of _______________________, 2016. 13 14 15 HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER - 4 CASE NO. 4:16-CV-03494-RS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?