Robey v. Toyota Motor Sales, U.S.A., Inc.

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER re 25 Amended Complaint, re Order Concerning Time to File Response to Amended Complaint filed by Toyota Motor Sales, U.S.A., Inc. Signed by Judge Edward M. Chen on 5/30/17. (bpfS, COURT STAFF) (Filed on 5/30/2017)

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 1 of 4

333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

1 DYKEMA GOSSETT LLP
Tamara A. Bush (SBN 197153)
2 [e-mail]
John M. Thomas (SBN. 266842)
3 [e-mail]
Janet L. Conigliaro (P72629) Pro Hac Vice
4 [e-mail]
333 South Grand Avenue, Suite 2100
5 Los Angeles, CA 90071
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Defendant
TOYOTA MOTOR SALES, U.S.A., INC.
8
GLANCY PRONGAY & MURRAY LLP
9 Lionel Z. Glancy (#134180)
Mark S. Greenstone (#199606)
10 1925 Century Park East, Suite 2100
11 Los Angeles, California 90067
Telephone: [phone]
12 Facsimile: [phone]
E-mail: [e-mail]
13
Attorneys for Plaintiffs
14 MICHAEL ROBEY, MOE ASGHARNIA and
JAMES COMB Individually and On Behalf
15 of a Class of Similarly Situated Individuals
16
UNITED STATES DISTRICT COURT

17
18

NORTHERN DISTRICT OF CALIFORNIA,
SAN FRANCISCO DIVISION

19

MICHAEL ROBEY, MOE ASGHARNIA and
20 JAMES COMB Individually and On Behalf of a
Class of Similarly Situated Individuals,
21
Plaintiffs,
22
vs.
23
TOYOTA MOTOR SALES, U.S.A., INC. and
24 TOYOTA MOTOR CORPORATION,
25

Defendants.

26
27
28

Case No. 3:16-cv-07212-EMC
[Assigned to Hon. Edward M. Chen]
CLASS ACTION
JOINT STIPULATION AND [PROPOSED]
ORDER CONCERNING TIME TO FILE
RESPONSE TO AMENDED COMPLAINT
Complaint Filed: December 16, 2016
Complaint Served: January 5, 2017
1st Amended Complaint Filed: April 7, 2017

_______________________________________
1
JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE
RESPONSE TO AMENDED COMPLAINT
CASE NO. 3:16-CV-07212-EMC

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 2 of 4

1

Plaintiff MICHAEL ROBEY, MOE ASGHARNIA and JAMES COMB Individually and On

2 Behalf of a Class of Similarly Situated Individuals (“Plaintiffs”), and Defendant TOYOTA
3 MOTOR SALES, U.S.A., INC. (“Defendant”) (collectively the “Parties”), by and through their
4 respective counsel, hereby stipulate as follows:
5

WHEREAS, Plaintiffs filed this putative class action complaint against Defendant in the

6 Northern District of California, San Francisco Division, on December 16, 2016 (the “Complaint”);
7

WHEREAS, Plaintiffs served the Complaint on Defendant on January 5, 2017;

8

WHEREAS, Defendant filed a Motion to Dismiss the Complaint on February 24, 2017;

9

WHEREAS, Plaintiffs filed an Amended Complaint on April 7, 2017, containing

11
333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

10 significant amendments;
WHEREAS, on May 10, 2017, pursuant to stipulation of the parties, this court entered an

12 order granting an extension of time until May 26, 2017 for Defendant to file a response to Plaintiffs’
13 Amended Complaint;
14

WHEREAS, the Parties are continuing discussions to determine whether it is feasible to

15 resolve this matter without the need for further litigation;
16

WHEREAS, the Parties agree that a 45-day continuance of the deadline for Defendant to

17 respond to Plaintiffs’ Amended Complaint will facilitate the Parties’ settlement discussions, and
18 result in a more efficient expenditure of judicial resources. The parties have made some progress in
19 their discussions and do not presently believe a further continuance will be necessary;
20

WHEREAS, the Parties request that Defendant’s deadline to respond to Plaintiffs’

21 Amended Complaint, currently set for May 26, 2017, be continued to July 10, 2017;
22

WHEREAS, the Parties have previously requested two extensions of time for Defendant to

23 file a response to Plaintiffs’ Amended Complaint;
24

WHEREAS, counsel for Defendant, as the filer of this document, attests that concurrence in

25 the filing of the document has been obtained from each of the other signatories;
26

IT IS THEREFORE STIPULATED BETWEEN THE PARTIES THAT, subject to the

27 Court’s approval:
28

2
JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE
RESPONSE TO AMENDED COMPLAINT
CASE NO. 3:16-CV-07212-EMC

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 3 of 4

1

1.

Defendant’s response to Plaintiffs’ Amended Complaint shall be continued from

2 May 26, 2017, until July 10, 2017. If by that date the parties have reached an agreement in
3 principal, they shall notify the Court and provide a timeframe by which they believe a settlement
4 will be finalized, Defendant shall be relieved of its obligation to respond to the Complaint during
5 that period, subject to the Court’s approval.
6
7

Dated: May 25, 2017

DYKEMA GOSSETT LLP

8
By: /s/ Tamara A. Bush
.
John M. Thomas
Tamara A. Bush
Attorneys for Defendant
TOYOTA MOTOR SALES, U.S.A., INC.

9

11
333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

DYKEMA GOSSETT LLP

10

12
13

Dated: May 25, 2017

GLANCY PRONGAY & MURRAY LLP

14
15
16
17
18

By: /s/ Mark S. Greenstone
.
Lionel Z. Glancy
Mark S. Greenstone
Attorneys for Plaintiffs
MICHAEL ROBEY, MOE ASGHARNIA
and JAMES COMB Individually and On
Behalf of a Class of Similarly Situated
Individuals

19
20
21

General Order 45, Section X Certification
The filing attorney hereby certifies that concurrence in the filing of the document has been

22
23

obtained from each signatory, in accordance with N.D. Cal. Gen. Order 45, Section X(B).

24
25
26
27
28

3
JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE
RESPONSE TO AMENDED COMPLAINT
CASE NO. 3:16-CV-07212-EMC

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 4 of 4

[PROPOSED] ORDER

1
2

Having reviewed the Parties’ Joint Stipulation and [Proposed] Order Concerning Time to

3 File Response to Amended Complaint, and for good cause appearing, IT IS HEREBY ORDERED
4 THAT:
Defendant’s response to Plaintiffs’ Amended Complaint shall be continued from

6 May 26, 2017, until July 10, 2017.

S

9

ERED

By: _________________________________
n
HON. EDWARD rd M. Che
M. CHEN
e Edwa DISTRICT JUDGE
Ju g
UNITEDdSTATES

FO

RT

ER

H

12

LI

11
333 SOUTH GRAND AVENUE
SUITE 2100
LOS ANGELES, CA 90071

I

ORD
T IS SO

NO

DYKEMA GOSSETT LLP

5/30/17
10 DATED:_____________________

UNIT
ED

8 IT IS SO ORDERED.

RT
U
O

7

S DISTRICT
TE
C
TA

R NIA

1.

13

A

5

N

F
D IS T IC T O
R

C

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4811-3651-7705.1
ID\BUSH, TAMARA - 111067\000005

4
JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE
RESPONSE TO AMENDED COMPLAINT
CASE NO. 3:16-CV-07212-EMC