Wu v. Post Foods, LLC et al
Filing
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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)
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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
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ANDY WU, on behalf of himself and all
others similarly situated,
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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
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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
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Pursuant to the United States District Court, Northern District of California Local
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Rules, Rule 6-1(a), Plaintiff Andy Wu (“Plaintiff”), and Defendant Post Foods, LLC, and Post
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Holdings, Inc. (collectively, “Defendants”), by and through their respective counsel, stipulate
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and agree as follows:
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1.
WHEREAS, Plaintiff filed his initial Complaint on June 22, 2016, and served
the Complaint on July 5, 2016.
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2.
WHEREAS, per Defendants’ request, Plaintiff and Defendants entered into a
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stipulation on July 15, 2016, extending Defendants’ time to answer or respond to Plaintiff’s
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Complaint an additional 21 days, to August 16, 2016.
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3.
WHEREAS, per Defendants’ request, Plaintiff and Defendants entered into a
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second stipulation on August 10, 2016, extending Defendants’ time to answer or respond to
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Plaintiff’s Complaint an additional 7 days, to August 23, 2016.
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4.
WHEREAS, on August 23, 2016, Defendants filed a Motion to Dismiss
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Pursuant to FRCP 12(b)(6) (“Motion to Dismiss”), and the deadline for Plaintiff to file a
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response to the Motion to Dismiss is September 6, 2016.
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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.
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6.
WHEREAS, Plaintiff and Defendants have further agreed to extend the deadline
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for Defendants to file their reply in support of the Motion to Dismiss by 21 days, to October 4,
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2016.
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties,
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through their respective counsel, that Plaintiff shall respond to Defendants’ Motion to Dismiss
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by September 20, 2016, and Defendant shall file a reply in support of their Motion to Dismiss
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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.
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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
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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
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Attorneys for Plaintiff and Proposed Class
and California Sub-Class
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FAEGRE BAKER DANIELS LLP
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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
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Attorneys for Defendants
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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
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LOCAL RULE 5-1(i)(3) STATEMENT
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Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this
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document has been obtained from counsel for all parties, and that I will maintain records to
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support this concurrence by all counsel subject to this Stipulation as required under the local
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rule.
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By:
/s/ Beth E. Terrell, SBN #178181
Beth E. Terrell, on behalf of Plaintiff
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I. ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated this ____ day of _______________________, 2016.
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HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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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
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