Greenberg v. Galderma Laboratories, L.P.

Filing 17

ORDER granting 16 STIPULATION Setting Briefing and Hearing Schedule. Deadlines reset as to 15 MOTION to Dismiss: Response due by 2/24/2017. Reply due by 3/24/2017. Motion Hearing reset for 4/5/2017 02:00 PM in Courtroom 2, 17th Floor, San Fr ancisco before Hon. William H. Orrick. Case Management Conference continued to 4/25/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco (Case Management Statement due by 4/18/2017).. Signed by Judge William H. Orrick on 12/7/2016. (jmdS, COURT STAFF) (Filed on 12/7/2016)

1 LEXINGTON LAW GROUP
Howard Hirsch (State Bar No. 213209)
2 Abigail Blodgett (State Bar No. 278813)
503 Divisadero Street
3 San Francisco, CA 94117
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
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Attorneys for Plaintiff
7 ANDREA GREENBERG
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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12 ANDREA GREENBERG, on behalf of herself
13 and all others similarly situated,

STIPULATION AND ORDER SETTING
BRIEFING AND HEARING SCHEDULE
FOR PLAINTIFF’S MOTION TO
REMAND AND DEFENDANT’S MOTION
TO DISMISS

Plaintiff,

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Case No. 3:16-CV-06090-WHO

v.

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Judge: Hon. William H. Orrick

17 GALDERMA LABORATORIES, L.P., and
DOES 1-100,
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Defendants.
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Action Removed: October 21, 2016

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STIPULATION & ORDER SETTING BRIEFING SCHEDULE – Case No. 3:16-CV-06090-WHO

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STIPULATION

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Pursuant to Local Rules 6-2 and 7-12, Plaintiff Andrea Greenberg (“Plaintiff”) and

3 defendant Galderma Laboratories, L.P. (“Galderma”) (collectively, the “Parties”), by and through
4 their respective counsel of record, enter into the following stipulation setting the briefing and
5 hearing schedule for Plaintiff’s Motion to Remand and Defendant’s Motion to Dismiss, and
6 declare the following:
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WHEREAS, Plaintiff’s Complaint was originally filed in the Superior Court of the State of

8 California, County of Alameda, Case No. RG 16-831799;
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WHEREAS, on October 21, 2016, Galderma filed a Notice of Removal pursuant to the

10 Class Action Fairness Act (“CAFA”) removing this action to the Northern District of California,
11 Case No. 3:16-CV-06090;
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WHEREAS, pursuant to 28 U.S.C. § 1446(a), Galderma’s Notice of Removal includes a

13 short and plain statement of the grounds for removal, and, pursuant to Dart v. Cherokee Basin
14 Operating Co. LLC, 135 S. Ct. 547 (2014) and its progeny, the Notice of Removal does not
15 include any evidentiary submissions;
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WHEREAS, Plaintiff intends to submit a Motion to Remand this case to the Superior

17 Court shortly on the grounds that Galderma has not and cannot prove by a preponderance of the
18 evidence that Plaintiff’s claims satisfy the $5 million jurisdictional threshold under CAFA;
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WHEREAS, Galderma intends to oppose Plaintiff’s Motion to Remand;

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WHEREAS, Plaintiff anticipates conducting discovery regarding Galderma’s jurisdictional

21 allegations after reviewing any evidentiary submissions filed by Galderma in connection with its
22 Opposition to the Motion to Remand;
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WHEREAS, on October 25, 2016, the Parties stipulated to extend Galderma’s deadline to

24 respond to the Complaint from October 28, 2016 to November 28, 2016;
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WHEREAS, on November 28, 2016, Galderma filed its Motion to Dismiss the Complaint;

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WHEREAS, Plaintiff’s current deadline to file an Opposition to the Motion to Dismiss is

27 December 12, 2016, and Galderma’s current deadline to file a Reply to Plaintiff’s Opposition is
28 December 19, 2016;
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STIPULATION & ORDER SETTING BRIEFING SCHEDULE – Case No. 3:16-CV-06090-WHO

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WHEREAS, the hearing for Galderma’s Motion to Dismiss is currently set for January 25,

2 2017 at 2:00 p.m. before the Honorable William H. Orrick in Courtroom 2 of this Court;
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WHEREAS, the Parties agree that it would be most efficient to hold the hearings for

4 Galderma’s Motion to Dismiss and Plaintiff’s anticipated Motion to Remand on the same date;
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WHEREAS, the Parties have met and conferred and agreed that they will need additional

6 time to conduct discovery prior to the January 25, 2017 hearing and to submit briefs to oppose and
7 reply to each motion;
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WHEREAS, pursuant to the Court’s Case Management Conference Order (ECF No. 12)

9 the initial Case Management Conference (“CMC”) is presently scheduled for January 24, 2017;
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WHEREAS, the Parties agree that it would be more efficient to hold the initial CMC after

11 the Court’s ruling on Plaintiff’s anticipated Motion to Remand and Galderma’s Motion to
12 Dismiss;
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WHEREAS, the Parties agree that neither will be prejudiced by extending the hearing for

14 the Motion to Dismiss and scheduling the hearing for the Motion to Remand on that same day, nor
15 will this litigation be unreasonably delayed.
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THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the following

17 briefing and hearing schedule:
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a)

before December 19, 2016;

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b)

c)

d)

e)

Galderma shall file its reply papers in support of its Motion to Dismiss on
or before March 24, 2017; and

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Plaintiff shall file her opposition papers to the Motion to Dismiss on or
before February 24, 2017;

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Plaintiff shall file her reply papers related to any Motion to Remand on or
before March 24, 2017;

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Galderma shall file its opposition papers to Plaintiff’s Motion to Remand on
or before January 18, 2017;

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Plaintiff shall file a Motion to Remand the case to the Superior Court on or

f)

The hearing for the Motion to Dismiss and the Motion to Remand on April
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STIPULATION & ORDER SETTING BRIEFING SCHEDULE – Case No. 3:16-CV-06090-WHO

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5, 2017, at 2:00 p.m., or at such other time thereafter as the Court might

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schedule.

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g)

The Case Management Conference presently scheduled for January 24,

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2017 shall be continued until April 25, 2017, or at such other time thereafter

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as the Court might schedule.

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9 IT IS SO STIPULATED.
10 DATED: December 6, 2016

LEXINGTON LAW GROUP

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By:

/s/ Howard Hirsch
Howard Hirsch
Attorneys for Plaintiff

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15 DATED: December 6, 2016

MAYER BROWN LLP

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By:

/s/ Dale J. Giali
Dale J. Giali
Attorneys for Defendant

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ATTESTATION
Pursuant to N.D. Cal. Local Rule 5.1(i)(3), I, Howard Hirsch, hereby attest that
concurrence to the filing of this document has been obtained from each signatory.

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DATED: December 6, 2016

LEXINGTON LAW GROUP

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By:

/s/ Howard Hirsch
Howard Hirsch
Attorneys for Plaintiff

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STIPULATION & ORDER SETTING BRIEFING SCHEDULE – Case No. 3:16-CV-06090-WHO

ORDER

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2 PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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Dated: December 7, 2016
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION & ORDER SETTING BRIEFING SCHEDULE – Case No. 3:16-CV-06090-WHO