Dennis M. Lorenz v. Safeway, Inc. et al

Filing 62

STIPULATION AND ORDER re 61 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME FOR THE SAFEWAY DEFENDANTS TO RESPOND TO PLAINTIFFS SECOND AMENDED COMPLAINT filed by Safeway Benefit Plans Committee, Safeway, Inc. Signed by Judge Jon S. Tigar on March 17, 2017. (wsn, COURT STAFF) (Filed on 3/17/2017)

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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 DENNIS M. LORENZ, Individually and On Behalf of All Others Similarly Situated, 19 Plaintiff, 20 vs. Case No. 3:16-cv-04903-JST STIPULATION TO EXTEND TIME FOR THE SAFEWAY DEFENDANTS TO RESPOND TO PLAINTIFF’S SECOND AMENDED COMPLAINT 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-04903-JST 165353.v1 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, the “Safeway 3 Defendants”) and Plaintiff DENNIS M. LORENZ (“Plaintiff”) hereby stipulate, by and through 4 their respective counsel, to extend the time by which the Safeway Defendants have to respond to 5 Plaintiff’s second amended complaint (“SAC”) and, in support thereof, state as follows: 6 WHEREAS, Plaintiff’s SAC was filed on November 21, 2016 (Docket No. 31); 7 WHEREAS, the Safeway Defendants filed a motion to dismiss Plaintiff’s SAC on December 8 15, 2017 (Docket No. 38); 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 WHEREAS, the Court granted in part and denied in part the Safeway Defendants’ motion to dismiss Plaintiff’s SAC by order dated March 13, 2017 (Docket No. 58); 11 WHEREAS, Plaintiff’s counsel informed the Court and the Safeway Defendants at the 12 March 15, 2017 scheduling conference that Plaintiff may seek leave to further amend his SAC to 13 drop his class action allegations in light of the Court’s order dismissing Plaintiff’s prohibited 14 transaction claims against the Safeway Defendants and Defendant Great-West Life Financial RPS 15 LLC; 16 WHEREAS, at the March 15, 2017 case management conference, the Court set a deadline 17 for Plaintiff to elect whether the case will proceed as a class action on March 31, 2017 (Docket No. 18 67); 19 20 WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants’ deadline to respond to Plaintiff’s SAC is currently March 27, 2017; 21 22 WHEREAS, Defendants’ response to Plaintiff’s SAC will necessarily be affected should Plaintiff further amend his SAC to drop his class action allegations; 23 WHEREAS, this stipulation regarding an extension for Defendants to respond to Plaintiff’s 24 SAC will not alter any dates set by the Court; 25 /// 26 /// 27 /// 28 /// STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-04903-JST 165353.v1 2 1 2 NOW, THEREFORE, the Plaintiff and the Safeway Defendants hereby stipulate and agree as follows: 3 1. The deadline for the Safeway Defendants to respond to Plaintiff’s SAC, or to a 4 further amended complaint filed by Plaintiff in this action prior to the March 31, 5 2017 cut-off set by the Court in its case management order, shall be extended to: 6 April 18, 2017. 7 8 IT IS SO STIPULATED. 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 DATED: March 16, 2017 11 TRUCKER  HUSS By: /s/ R. Bradford Huss R. Bradford Huss Attorneys for Defendants SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE 12 13 14 15 DATED: March 16, 2017 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS, LLP 16 17 By: /s/ Jason H. Kim Jason H. Kim Attorneys for Plaintiff DENNIS M. LORENZ, Individually and On Behalf of All Others Similarly Situated 18 19 20 I attest that my firm has obtained Jason Kim’s concurrence in the filing of this document. 21 DATED: March 16, 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-04903-JST 165353.v1 3 1 [PROPOSED] ORDER 2 The deadline for the Safeway Defendants to respond to Plaintiff’s SAC, or to a further 3 amended complaint filed by Plaintiff in this action prior to the March 31, 2017 cut-off set by the 4 Court in its case management order, shall be extended to: April 18, 2017. 5 IT IS SO ORDERED. 6 7 DATED: March 17, 2017 Hon. Jon S. Tigar United States District Judge 8 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 11 12 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-04903-JST 165353.v1 4

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