Maria Karla Terraza v. Safeway Inc. et al

Filing 27

STIPULATION AND ORDER re 26 STIPULATION WITH [PROPOSED] ORDER For Extension of Time to File filed by Maria Karla Terraza. Case Management Statement due by 12/12/2016. Initial Case Management Conference set for 12/21/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on November 1, 2016. (wsn, COURT STAFF) (Filed on 11/1/2016)

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1 2 3 4 5 6 7 8 Ronald S. Kravitz (SBN 129704) Kolin C. Tang (SBN 279834) Shepherd, Finkelman, Miller & Shah, LLP One California Street, Suite 900 San Francisco, CA 94111 Telephone: (415) 429-5272 Facsimile: (866) 300-7367 Email: rkravitz@sfmslaw.com ktang@sfmslaw.com Attorneys for Plaintiff and the Plan [Additional Counsel Listed On Signature Page] 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 MARIA KARLA TERRAZA, Individually and On Behalf of the SAFEWAY 401(K) PLAN, 13 14 15 16 v. Plaintiff, SAFEWAY INC., BENEFIT PLANS COMMITTEE SAFEWAY INC., and DOES NO. 1-10, Whose Names Are Currently Unknown, 17 Defendants. 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 16-cv-03994 STIPULATION AND [PROPOSED] ORDER 19 Pursuant to Federal Rules of Civil Procedure 15(a), and Local Rule 6-2, Plaintiff, 20 MARLA KARLA TERRAZA (“Plaintiff”), and Defendants, SAFEWAY INC. and BENEFIT 21 PLANS COMMITTEE SAFEWAY INC. (collectively, “Defendants”), hereby stipulate, by and 22 through their respective counsel, to extend the time by which Plaintiff shall be permitted to file 23 an Amended Complaint and for the date of the Initial Case Management Conference and, in 24 support thereof, state as follows: 25 1. Plaintiff filed the Complaint in this action on or about July 14, 2016 and 26 Defendants were served with the Complaint and Summons on or around August 23, 2016. The 27 parties subsquently stipulated to extend the time for Defendants to answer or otherwise plead in 28 response to the Complaint for a period of thirty (30) days and until October 17, 2016. 1 2 2. On October 17, 2016, Defendants filed a Motion to Dismiss the Complaint and Motion to Strike Plaintiff’s Jury Demand with a hearing date set for December 1, 2016. 3 3. Plaintiff’s Response to the Motion to Dismiss and Motion to Strike would 4 normally be due on October 31, 2016 but Plaintiff has advised Defendants that, instead of 5 opposing the Motion to Dismiss and Motion to Strike, it intends to amend the Complaint as of 6 right pursuant to Fed.R.Civ.P. 15(a), which amendment would otherwise be due on November 7, 7 2016. 8 9 4. Defendants agree that, under such circumstances and in the interests of judicial economy, Plaintiff need not oppose the Motion to Dismiss and Motion to Strike and, pursuant to 10 Fed.R.Civ.P. 15(a), Defendants have agreed to extend the time for Plaintiff to file an Amended 11 Complaint until November 18, 2016. 12 5. Plaintiff and Defendants also have agreed that Defendants should be provided 13 with thirty (30) days to answer or otherwise plead in response to the Amended Complaint and 14 that any such response will be due on December 19, 2016. 15 6. 16 16, 2016. 17 7. The Initial Case Management Conference is currently scheduled for November The parties agree that the Initial Case Management Conference should be held 18 after Plaintiff files her Amended Complaint and Defendants respond to the Amended Complaint 19 to ensure that the Initial Case Management Conference is as productive as possible. 20 8. As a result, the parties agree that the Initial Case Management Conference should 21 be held on December 21, 2016, with the Case Management Statement due on December 12, 22 2016. 23 9. Although this extension will alter a date set by Court Order, it is the first request 24 for extension of its kind in this case and the extension will defer the Initial Case Management 25 Conference for a period of thirty-five (35) days. 26 NOW, THEREFORE, Plaintiff and Defendants hereby stipulate and agree as follows: 27 1. Plaintiff shall file her Amended Complaint on or before November 18, 2016. 28 -2- 1 2 3 4 5 6 7 8 2. Plaintiff need not respond to Defendants’ Motion to Dismiss or Motion to Strike, which will be obviated by the Amended Complaint. 3. The hearing on Defendant’s Motion to Dismiss and Motion to Strike set for December 1, 2016 should be taken off calendar. 4. The parties shall submit their Initial Case Management Statement on or before December 12, 2016. 5. Defendants shall answer or otherwise plead in response to the Amended Complaint on or before December 19, 2016. 9 6. 10 2:00 p.m. 11 Dated: October 28, 2016 12 13 14 15 16 17 18 19 20 21 22 23 24 The Initial Case Management Conference shall be held on December 21, 2016, at Respectfully submitted, SHEPHERD, FINKELMAN, MILLER & SHAH, LLP /s/ Kolin C. Tang Ronald S. Kravitz Kolin C. Tang Shepherd Finkelman Miller & Shah, LLP One California Street, Suite 900 San Francisco, CA 94111 Telephone: (415) 429-5272 Facsimile: (866) 300-7367 Email: rkravitz@sfmslaw.com ktang@sfmslaw.com James E. Miller Laurie Rubinow Shepherd Finkelman Miller & Shah, LLP 65 Main Street Chester, CT 06412 Telephone: (860) 526-1100 Facsimile: (866) 300-7367 Email: jmiller@sfmslaw.com lrubinow@sfmslaw.com 25 26 27 28 -3- 1 Nathan Zipperian Shepherd Finkelman Miller & Shah, LLP 1625 N. Commerce Pkwy, Suite 320 Fort Lauderdale, FL 33326 Telephone: (954) 515-0123 Facsimile: (866) 300-7367 Email: nzipperian@sfmslaw.com 2 3 4 5 Sahag Majarian Law Offices of Sahag Majarian 18250 Ventura Blvd. Tarzana, CA 91356 Telephone: (818) 609-0807 Facsimile: (818) 609-0892 Email: sahagii@aol.com 6 7 8 9 Attorneys for Plaintiff and the Plan 10 11 Dated: October 28, 2016 12 13 14 15 16 17 Attorneys for Defendants 18 19 /s/ R. Bradford Huss R. Bradford Huss Angel L. Garrett Dylan D. Rudolph TRUCKER öHUSS One Embarcadero Center, 12th Floor San Francisco, CA 94111 Telephone: (415) 788-3111 Facsimile: (415) 421-2017 E-mail: bhuss@truckerhuss.com agarrett@truckerhuss.com drudolph@truckerhuss.com PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 22 Dated: November 1, 2016 ___________________________ Jon S. Tigar, J. 23 24 25 26 27 28 -4-

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