Scott et al v. Comcast Cable Communications Management, LLC

Filing 25

STIPULATION AND ORDER re #24 - Third Stipulation to Further Extend Deadline to Respond to the Complaint Pending Plaintiffs' Notice of Dismissal of Plaintiffs Andre Scott and Elijah Maxwell-Wilson's Claims Under the Fair Labor Standard filed by Comcast Cable Communications Management, LLC. Signed by Judge Edward M. Chen on 2/21/17. (bpfS, COURT STAFF) (Filed on 2/21/2017)

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SHAUN SETAREH, State Bar No. 204514
THOMAS SEGAL, State Bar No. 222791
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone:
310.888-7771
Facsimile:
310.888-0109
Attorneys for Plaintiffs
ANDRE SCOTT, KEN FASSLER, and ELIJAH MAXWELL-WILSON

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DARYL S. LANDY, State Bar No. 136288
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, California 92626-7653
Telephone: [phone]
Facsimile: 714.830.0700
[e-mail]

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JENNIFER SVANFELDT, State Bar No. 233248
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1596
Telephone: [phone]
Facsimile: +1.415.442.1001
[e-mail]
Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDRE SCOTT, an individual; KEN
FASSLER, an individual; ELIJAH
MAXWELL-WILSON, an individual, and on
behalf of themselves, all others similarly
situated,

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Plaintiffs,
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v.
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COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC, a Delaware
corporation; and DOES 1-50, inclusive,

Case No. 3:16-cv-06869-EMC
THIRD STIPULATION TO FURTHER
EXTEND DEADLINE TO RESPOND
TO THE COMPLAINT PENDING
PLAINTIFFS’ NOTICE OF DISMISSAL
OF PLAINTIFFS ANDRE SCOTT AND
ELIJAH MAXWELL-WILSON’S
CLAIMS UNDER THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. §§ 201, ET
SEQ.
Complaint Filed: November 30, 2016

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Defendants.
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIP. TO FURTHER EXTEND DEADLINE TO
RESPOND PENDING FILING OF DISMISSAL
Case No. 3:16-CV-06869-EMC

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STIPULATION

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Pursuant to Federal Rule of Civil Procedure 15(a)(3) and L.R. 6-1, Plaintiffs Andre Scott,

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Ken Fassler, and Elijah Maxwell-Wilson (“Plaintiffs”) and Defendant Comcast Cable

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Communications Management, LLC (“Defendant”) (collectively, the “Parties”), through their

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undersigned counsel of record, stipulate that Defendant’s deadline for responding to the First

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Amended Complaint be extended for a short time. In support of their Stipulation, the Parties state

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as follows:

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WHEREAS, Plaintiffs filed the Complaint on November 30, 2016, which they served on
Defendant on December 1, 2016;

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WHEREAS, the Parties previously stipulated to extend Defendant’s deadline to file its

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responsive pleading to January 20, 2017 (Dkt. 6) to allow the Parties time to meet and confer

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regarding Defendant’s contention that the Complaint was deficient;

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WHEREAS, on January 13, 2017, Plaintiffs agreed to file a First Amended Complaint to
address some of the asserted deficiencies in the Complaint;

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WHEREAS, on January 18, 2017, the Parties stipulated to extend Defendant’s deadline to

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file its responsive pleading to 14 days after the date Plaintiffs filed the First Amended Complaint

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(Dkt. 16), and the Court approved this stipulation (Dkt. 17);

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WHEREAS, on January 31, 2017, Plaintiffs filed the First Amended Complaint (Dkt. 18);

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WHEREAS, on February 8, 2017, the Parties met and conferred regarding whether

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Plaintiffs Andrew Scott and Elijah Maxwell-Wilson would dismiss their claims alleged in the

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Sixth Claim for Relief under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. Sections 201, et

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seq.;

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WHEREAS, on February 14, 2017, Plaintiffs Scott and Maxwell-Wilson agreed to
dismiss their claims under the FLSA;
WHEREAS, in accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs

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will file a Notice of Dismissal of the FLSA claim in the Sixth Claim for Relief as to Plaintiffs

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Scott and Maxwell-Wilson (“Notice of Dismissal”) by February 17, 2017;

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, the Parties agree that it does not make sense for Defendant to file a
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STIP. TO FURTHER EXTEND DEADLINE TO
RESPOND PENDING FILING OF DISMISSAL
Case No. 3:16-CV-06869-EMC

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responsive pleading to the First Amended Complaint when Plaintiffs Scott and Maxwell-Wilson

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intend to file the Notice of Dismissal, that extending Defendant’s deadline may avoid a motion

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attacking the pleadings under Federal Rule of Civil Procedure 12(b)(6), and therefore that

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Defendant’s response deadline will be extended to seven (7) days after the date that Plaintiffs file

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the Notice of Dismissal pursuant to Federal Rule of Civil Procedure 15(a)(3);

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WHEREAS, assuming Plaintiffs file a Notice of Dismissal no later than February 17,

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2017, extending the time for Defendant to file its response to seven (7) days after the date

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Plaintiffs file the Notice of Dismissal will not alter the date of any event or any deadline already

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fixed by Court order.

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THEREFORE, IT IS HEREBY STIPULATED AS FOLLOWS: Defendant’s responsive
pleading will be due seven (7) days after the date Plaintiffs file the Notice of Dismissal.
IT IS SO STIPULATED.
Dated: February 14, 2017

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SETAREH LAW GROUP
By

/s/ Thomas Segal
Shaun Setareh
Thomas Segal

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Attorneys for Plaintiffs
ANDRE SCOTT, KEN FASSLER, and
ELIJAH MAXWELL-WILSON

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Dated: February 14, 2017

MORGAN, LEWIS & BOCKIUS LLP

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By

/s/ Daryl S. Landy
Daryl S. Landy
Jennifer Svanfeldt

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Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC

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STIP. TO FURTHER EXTEND DEADLINE TO
RESPOND PENDING FILING OF DISMISSAL
Case No. 3:16-CV-06869-EMC

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ATTESTATION RE ELECTRONIC SIGNATURES
I, DARYL S. LANDY, attest pursuant to Northern District Local Rule 5-1(i)(3) that all

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other signatories to this document, on whose behalf this filing is submitted, concur in the filing’s

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content and have authorized this filing. I declare under penalty of perjury under the laws of the

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United States of America that the foregoing is true and correct.

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Dated: February 14, 2017

/s/ Daryl S. Landy
Daryl S. Landy

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. TO FURTHER EXTEND DEADLINE TO
RESPOND PENDING FILING OF DISMISSAL
Case No. 3:16-CV-06869-EMC

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[PROPOSED] ORDER

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For the reasons stated in the Parties’ Stipulation, Defendant’s responsive pleading

IT IS SO ORDERED.

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UNIT
ED

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Hon. Edward M. Chen

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DERED

O OR
IT IS S

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Chen

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dw
Judge E

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deadline is extended to seven (7) days after Plaintiffs’ Notice of Dismissal is filed.

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D IS T IC T O
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STIP. TO FURTHER EXTEND DEADLINE TO
RESPOND PENDING FILING OF DISMISSAL
Case No. 3:16-CV-06869-EMC