Dennis M. Lorenz v. Safeway, Inc. et al
Filing
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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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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
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO
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DENNIS M. LORENZ, Individually and On
Behalf of All Others Similarly Situated,
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Plaintiff,
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vs.
Case No. 3:16-cv-04903-JST
STIPULATION TO EXTEND TIME FOR
THE SAFEWAY DEFENDANTS TO
RESPOND TO PLAINTIFF’S SECOND
AMENDED COMPLAINT
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SAFEWAY INC., BENEFIT PLANS
COMMITTEE SAFEWAY INC.,
and DOES 1 to 100 inclusive,
Defendants.
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STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-04903-JST
165353.v1
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Pursuant to Federal Rule of Civil Procedure 12, and Local Rule 6-1(a), Defendants
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SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE (collectively, the “Safeway
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Defendants”) and Plaintiff DENNIS M. LORENZ (“Plaintiff”) hereby stipulate, by and through
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their respective counsel, to extend the time by which the Safeway Defendants have to respond to
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Plaintiff’s second amended complaint (“SAC”) and, in support thereof, state as follows:
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WHEREAS, Plaintiff’s SAC was filed on November 21, 2016 (Docket No. 31);
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WHEREAS, the Safeway Defendants filed a motion to dismiss Plaintiff’s SAC on December
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15, 2017 (Docket No. 38);
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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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);
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WHEREAS, Plaintiff’s counsel informed the Court and the Safeway Defendants at the
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March 15, 2017 scheduling conference that Plaintiff may seek leave to further amend his SAC to
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drop his class action allegations in light of the Court’s order dismissing Plaintiff’s prohibited
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transaction claims against the Safeway Defendants and Defendant Great-West Life Financial RPS
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LLC;
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WHEREAS, at the March 15, 2017 case management conference, the Court set a deadline
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for Plaintiff to elect whether the case will proceed as a class action on March 31, 2017 (Docket No.
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67);
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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;
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WHEREAS, Defendants’ response to Plaintiff’s SAC will necessarily be affected should
Plaintiff further amend his SAC to drop his class action allegations;
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WHEREAS, this stipulation regarding an extension for Defendants to respond to Plaintiff’s
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SAC will not alter any dates set by the Court;
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STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-04903-JST
165353.v1
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NOW, THEREFORE, the Plaintiff and the Safeway Defendants hereby stipulate and agree
as follows:
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The deadline for the Safeway Defendants to respond to Plaintiff’s SAC, or to a
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further amended complaint filed by Plaintiff in this action prior to the March 31,
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2017 cut-off set by the Court in its case management order, shall be extended to:
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April 18, 2017.
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IT IS SO STIPULATED.
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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DATED: March 16, 2017
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TRUCKER HUSS
By: /s/ R. Bradford Huss
R. Bradford Huss
Attorneys for Defendants
SAFEWAY INC. and SAFEWAY BENEFIT
PLANS COMMITTEE
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DATED: March 16, 2017
SCHNEIDER WALLACE COTTRELL KONECKY
WOTKYNS, LLP
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By: /s/ Jason H. Kim
Jason H. Kim
Attorneys for Plaintiff
DENNIS M. LORENZ, Individually and On
Behalf of All Others Similarly Situated
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I attest that my firm has obtained Jason Kim’s concurrence in the filing of this document.
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DATED: March 16, 2017
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TRUCKER HUSS
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By: /s/ R. Bradford Huss
R. Bradford Huss
Attorneys for Defendants
SAFEWAY INC. and BENEFIT PLANS
COMMITTEE SAFEWAY INC.
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STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-04903-JST
165353.v1
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[PROPOSED] ORDER
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The deadline for the Safeway Defendants to respond to Plaintiff’s SAC, or to a further
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amended complaint filed by Plaintiff in this action prior to the March 31, 2017 cut-off set by the
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Court in its case management order, shall be extended to: April 18, 2017.
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IT IS SO ORDERED.
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DATED: March 17, 2017
Hon. Jon S. Tigar
United States District Judge
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Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
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STIPULATION TO EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; Case No. 3:16-CV-04903-JST
165353.v1
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