Greenberg v. Galderma Laboratories, L.P.

Filing 21

ORDER granting 20 Stipulated Request - Reset Deadlines as to 18 First MOTION to Remand and 15 MOTION to Dismiss. Motion Hearing set for 5/10/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Case Management Conference set for 5/30/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 5/23/2017. Signed by Judge William H. Orrick on 02/14/2017. (jmdS, COURT STAFF) (Filed on 2/17/2017)

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MAYER BROWN LLP
DALE J. GIALI (SBN 150382)
[e-mail]
KERI E. BORDERS (SBN 194015)
[e-mail]
REBECCA B. JOHNS (SBN 293989)
[e-mail]
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
GALDERMA LABORATORIES, L.P.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREA GREENBERG, on behalf of herself
and all others similarly situated,
vs.

Plaintiff,

GALDERMA LABORATORIES, L.P., and
DOES 1-100,

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Case No. 3:16-CV-06090-WHO
STIPULATED REQUEST AND ORDER
FOR AN ORDER EXTENDING TIME
Action Removed: October 21, 2016

Defendants.

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723229579

STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME;
CASE NO. 3:16-CV-06090-WHO

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Plaintiff Andrea Greenberg (“Plaintiff”) and defendant Galderma Laboratories, L.P.
(“Galderma”) (collectively, the “Parties”), by and through their respective counsel of record and
pursuant to Local Rule 6-1(b), submit the following stipulated request for an extension of time
and for re-setting the briefing and hearing schedules for Plaintiff’s Motion to Remand and
Defendant’s Motion to Dismiss:
WHEREAS, Plaintiff’s complaint (Dkt. 1-2) was originally filed in the Superior Court of
the State of California, County of Alameda, Case No. RG16831799.
WHEREAS, on October 21, 2016, Galderma filed a Notice of Removal removing this
action to the Northern District of California, Case No. 3:16-CV-06090.
WHEREAS, on October 25, 2016, the Parties stipulated to extend Galderma’s deadline to
file its motion to dismiss the complaint from October 28, 2016 to November 28, 2016.
WHEREAS, on November 28, 2016, Galderma moved to dismiss the complaint.
WHEREAS, on December 6, 2016, the Parties stipulated to a briefing and hearing
schedule, setting the deadlines for briefing and hearings on the Motion to Remand and the
remainder of the briefing due on the Motion to Dismiss and continuing the initial Case
Management Conference from January 24, 2017 until after the Court’s ruling on the Motion to
Remand and the Motion to Dismiss.
WHEREAS, on December 7, 2016, the Court approved the stipulated briefing and
hearing schedule and ordered the deadlines and dates as follows:
a)

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Plaintiff’s deadline to file a Motion to Remand the case to the Superior
Court was set for on or before December 19, 2016;

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b)

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Galderma’s deadline to file its opposition papers to Plaintiff’s Motion to
Remand was set for on or before January 18, 2017;

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c)

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Plaintiff’s deadline to file her reply papers related to any Motion to
Remand was set for on or before March 24, 2017;

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d)

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Plaintiff’s deadline to file her opposition papers to the Motion to Dismiss
was set for on or before February 24, 2017;

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723229579

STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME;
CASE NO. 3:16-CV-06090-WHO

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e)

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Dismiss was set for on or before March 24, 2017;

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f)

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g)

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The Case Management Conference was postponed until April 25, 2017.

WHEREAS, on December 19, 2016, Plaintiff filed a Motion to Remand.

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The hearing for the Motion to Dismiss and the Motion to Remand was set
for April 5, 2017, at 2:00 p.m.; and

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Galderma’s deadline to file its reply papers in support of its Motion to

WHEREAS, on January 18, 2017, Galderma filed its Opposition to Plaintiff’s Motion to
Remand.
WHEREAS, on January 25, 2017, Plaintiff served on Galderma: (1) Plaintiffs’ First Set
of Requests for Production of Documents to Defendant Galderma Laboratories, L.P.; and (2)
Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) related to Plaintiff’s
Motion to Remand. The deadline for Galderma to respond to Plaintiff’s First Set of Requests for
Production of Documents is February 27, 2017 and the deposition is currently set for March 8,
2017.
WHEREAS, the Parties are currently engaged in discussions to resolve this case, which
would obviate the need for continued discovery and briefing in this matter. Accordingly, the
Parties agree that it would be most efficient to continue current deadlines in the case for
approximately thirty (30) days.
WHEREAS, the Parties agree that neither will be prejudiced by the agreed-upon
extension, nor will this litigation be unreasonably delayed.
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the
following schedule:
a)

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Plaintiff’s deadline to file her reply papers related to any Motion to
Remand shall be set for on or before April 24, 2017;

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b)

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Plaintiff’s deadline to file her opposition papers to the Motion to Dismiss
shall be set for on or before March 27, 2017;

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c)

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Galderma’s deadline to respond to Plaintiff’s First Set of Requests for
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723229579

STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME;
CASE NO. 3:16-CV-06090-WHO

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Production of Documents shall be set for on or before March 29, 2017;

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d)

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Plaintiff’s Notice of Deposition Pursuant to Federal Rule of Civil

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Procedure 30(b)(6), which will be set for a mutually convenient date on or

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after April 7, 2017 but no later than April 14, 2017;

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e)

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Galderma’s deadline to file its reply papers in support of its Motion to
Dismiss shall be set for on or before April 24, 2017;

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f)

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The hearing for the Motion to Dismiss and the Motion to Remand shall be
postponed until May 10, 2017, at 2:00 p.m., or at such other time

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thereafter as the Court might schedule; and

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g)

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The Case Management Conference presently scheduled for April 25, 2017
shall be postponed until May 30, 2017, or at such other time thereafter as

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the Court might schedule.

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The Parties will meet and confer on a date for the deposition requested in

DATED: February 14, 2017

MAYER BROWN LLP
Dale J. Giali
Keri E. Borders
Rebecca B. Johns

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

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DATED: February 14, 2017

LEXINGTON LAW GROUP
Howard Hirsch
Abigail Blodgett

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By: /s/Howard Hirsch
Howard Hirsch
Attorneys for Plaintiff

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723229579

STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME;
CASE NO. 3:16-CV-06090-WHO

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

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By:

/s/ Dale J. Giali

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723229579

STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME;
CASE NO. 3:16-CV-06090-WHO

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ORDER
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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Dated: February 17, 2017

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UNITED STATES DISTRICT COURT JUDGE

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723229579

STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME;
CASE NO. 3:16-CV-06090-WHO