Maria Karla Terraza v. Safeway Inc. et al

Filing 69

STIPULATION AND ORDER re 68 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS AMENDED COMPLAINT filed by Safeway Inc., Benefit Plans Committee Safeway Inc. Signed by Judge Jon S. Tigar on March 20, 2017. (wsn, COURT STAFF) (Filed on 3/20/2017)

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1 2 3 4 5 6 R. Bradford Huss, SBN 71303 Angel L. Garrett, SBN 255682 Dylan D. Rudolph, SBN 278707 TRUCKER  HUSS A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 Telephone: (415) 788-3111 Facsimile: (415) 421-2017 E-mail: bhuss@truckerhuss.com agarrett@truckerhuss.com drudolph@truckerhuss.com 7 8 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 11 12 13 Joseph C. Faucher, SBN 137353 TRUCKER  HUSS A Professional Corporation 633 W. 5th Street, 26th Floor Los Angeles, California 90071 Telephone: (213) 537-1016 Facsimile: (213) 537-1020 E-mail: jfaucher@truckerhuss.com Attorneys for Defendants SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO 17 18 MARIA KARLA TERRAZA, individually and on behalf of the SAFEWAY 401(k) Plan, 19 Plaintiff, 20 Case No. 3:16-cv-03994-JST STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF’S AMENDED COMPLAINT vs. 21 22 23 SAFEWAY INC., BENEFIT PLANS COMMITTEE SAFEWAY INC., and DOES 1 to 100 inclusive, Defendants. 24 25 26 27 28 STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-03994-JST 165387.v2 1 1 Pursuant to Federal Rule of Civil Procedure 12, and Local Rule 6-1(a), Defendants 2 SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE (collectively, “Defendants”) 3 and Plaintiff MARLA KARLA TERRAZA (“Plaintiff”) (Plaintiff and Defendants collectively 4 referred to as the “Parties”) hereby stipulate, by and through their respective counsel, to extend the 5 time by which Defendants have to respond to Plaintiff’s amended complaint (“Amended 6 Complaint”) and, in support thereof, state as follows: 7 8 WHEREAS, Plaintiff’s Amended Complaint was filed on November 18, 2016 (Docket No. 37); 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 WHEREAS, Defendants filed a motion to dismiss Plaintiff’s Amended Complaint on January 5, 2017 (Docket No. 46); 11 12 WHEREAS, the Court denied Defendants’ motion to dismiss Plaintiff’s Amended Complaint by order dated March 13, 2017 (Docket No. 65); 13 WHEREAS, Plaintiff’s counsel informed the Court and Defendants at the March 15, 2017 14 scheduling conference that Plaintiff intends to seek a stipulation to file a Second Amended 15 Complaint, and if said stipulation cannot be agreed upon, Plaintiff intends to file a motion for leave 16 to file a Second Amended Complaint; 17 18 WHEREAS, at the March 15, 2017 case management conference, the Court set a deadline to add parties or amend the pleadings by March 31, 2017 (Docket No. 67); 19 20 WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants’ deadline to respond to Plaintiff’s Amended Complaint is currently March 27, 2017; 21 22 WHEREAS, Defendants’ response to Plaintiff’s Amended Complaint will necessarily be affected by amendment to Plaintiff’s Amended Complaint; 23 24 WHEREAS, this stipulation regarding an extension for Defendants to respond to Plaintiff’s Amended Complaint will not alter any dates set by the Court; 25 NOW, THEREFORE, the Parties hereby stipulate and agree as follows: 26 1. Should the Parties stipulate to allow Plaintiff to further amend her Amended 27 Complaint, or if Plaintiff is granted leave to further amend her Amended Complaint 28 pursuant to a motion for leave, Defendants’ deadline to respond to Plaintiff’s Second STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-03994-JST 165387.v2 2 1 Amended Complaint shall be extended to twenty-one (21) days after Plaintiff’s 2 Second Amended Complaint is filed. 3 2. Should the Court deny any motion for leave filed by Plaintiff to further amend her 4 Amended Complaint, Defendants’ deadline to respond to Plaintiff’s Amended 5 Complaint shall be extended to twenty-one (21) days after the Parties receive notice 6 of the Court’s order denying said motion. 7 IT IS SO STIPULATED. 8 9 DATED: March 17, 2017 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 TRUCKER  HUSS By: /s/ R. Bradford Huss R. Bradford Huss Attorneys for Defendants SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE 11 12 13 14 DATED: March 17, 2017 SHEPHERD, FINKELMAN, MILLER & SHAH, LLP 15 By: /s/ James E. Miller James E. Miller Attorneys for Plaintiff MARIA KARLA TERRAZA, individually and on behalf of the SAFEWAY 401(K) PLAN 16 17 18 19 I attest that my firm has obtained James E. Miller’s concurrence in the filing of this 20 document. 21 DATED: March 17, 2017 22 TRUCKER  HUSS 23 By: /s/ R. Bradford Huss R. Bradford Huss Attorneys for Defendants SAFEWAY INC. and BENEFIT PLANS COMMITTEE SAFEWAY INC. 24 25 26 27 28 STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-03994-JST 165387.v2 3 1 [PROPOSED] ORDER 2 Should the Parties stipulate to allow Plaintiff to further amend her Amended Complaint, or if 3 Plaintiff is granted leave to further amend her Amended Complaint pursuant to a motion for leave, 4 Defendants’ deadline to respond to Plaintiff’s Second Amended Complaint shall be extended to 5 twenty-one (21) days after Plaintiff’s Second Amended Complaint is filed. 6 Should the Court deny any motion for leave filed by Plaintiff to further amend her Amended 7 Complaint, Defendants’ deadline to respond to Plaintiff’s Amended Complaint shall be extended to 8 twenty-one (21) days after the Parties receive notice of the Court’s order denying said motion. 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 IT IS SO ORDERED. 11 12 DATED: March 20, 2017 Hon. Jon S. Tigar United States District 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-03994-JST 165387.v2 4

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