Siqueiros v. General Motors LLC

Filing 37

STIPULATION AND ORDER re #35 Re Briefing Of Motion To Dismiss And Rescheduling Of Case Management Conference filed by General Motors LLC Case Management Statement due by 8/10/2017. Initial Case Management Conference set for 8/17/2017 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Motion to Dismiss Hearing set for 7/6/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 3/9/17. (bpfS, COURT STAFF) (Filed on 3/9/2017)

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JOSEPH J. YBARRA (SBN 218130)
[e-mail]
HUANG YBARRA SINGER & MAY LLP
550 South Hope Street, Suite 1850
Los Angeles, California 90071
Tel.: [phone]
Fac.: [phone]

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GREGORY R. OXFORD (SBN 62333)
[e-mail]
ISAACS CLOUSE CROSE & OXFORD LLP
21515 Hawthorne Boulevard, Suite 950
Torrance, California 90503
Tel.: [phone]
Fac.: [phone]

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Attorneys for Defendant General Motors LLC

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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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MONTEVILLE SLOAN, JR., RAUL SIQUEIROS,
JOSEPH BRANNAN, LARRY GOODWIN, TED
EDGECOMB, MARC PERKINS, DONALD
LUDINGTON, THOMAS SHORTER, DERICK
BRADFORD, GABRIEL DEL VALLE, KEVIN
HANNEKEN, GAIL LANNOM, BRADLEY K.
ZIERKE, DAN MADSON, JAMES FAULKNER,
JOSEPH OLIVIER, SCOTT SMITH, ROSS DAHL,
DREW PETERSON, MICHAEL WARE, STEVE
KITCHEN, JOHN NEUBAUER, BARBARA MOLINA,
STEVEN EHRKE, BILL MAUCH, THOMAS
GULLING, RONALD JONES, MIKE WARPINSKI,
JOHN GRAZIANO, JOSHUA BYRGE, RUDY
SANCHEZ, CHRISTOPHER THACKER, RANDY
CLAUSEN, JAMES ROBERTSON, and JONAS
BEDNAREK, individually and on behalf of all others
similarly situated,

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STIPULATION RE BRIEFING
OF MOTION TO DISMISS AND
RESCHEDULING OF CASE
MANAGEMENT CONFERENCE

Plaintiffs,

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Case No. 3:16-cv-07244-EMC

v.
GENERAL MOTORS LLC,
Defendant.
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STIPULATION RE MOTION TO DISMISS AND CMC
CASE NO. 3:15-CV-07244-EMC

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WHEREAS, this action was filed on December 19, 2016, and the parties previously

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stipulated in writing pursuant to Local Rule 6-1(a) that defendant General Motors LLC (“GM”)

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would have until February 10, 2017 to answer, move or otherwise respond to the original

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Complaint, which was filed on behalf of sixteen of the plaintiffs and contained 800 numbered

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paragraphs and 63 separate claims for relief under the Magnuson-Moss Act and the laws of

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thirteen states;

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WHEREAS, on February 6, 2017, plaintiffs’ counsel informed GM that plaintiffs’

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counsel wanted to amend the original Complaint to add additional plaintiffs and assert claims

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arising under the laws of additional states;

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WHEREAS, the parties the agreed in writing that plaintiffs would have until February

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27, 2017 to file their First Amended Complaint and GM would have until March 20, 2017 to file

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its motion to dismiss;

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WHEREAS, plaintiffs’ counsel on February 27, 2017 filed a First Amended Complaint

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on behalf of thirty-five named plaintiffs that contains 1765 numbered paragraphs and 155

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separate claims for relief under the Magnuson-Moss Act and the laws of thirty-two states;

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WHEREAS, plaintiffs have provided GM’s undersigned counsel with a Waiver of

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Summons on the First Amended Complaint that GM’s counsel has executed and returned to

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plaintiffs’ counsel pursuant to which GM would have sixty days after March 1, 2017 to answer,

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move or otherwise respond to the First Amended Complaint;

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WHEREAS, the Court has set a Case Management Conference for March 28, 2017;

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IT IS HEREBY STIPULATED, by and between plaintiffs and GM, by and through their

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undersigned counsel, that the Court may enter its order as follows:
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GM shall have until April 10, 2017 to file its motion to dismiss the First Amended

Complaint;

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2.

Plaintiffs shall have until May 25, 2017 to file opposition to GM’s motion;

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3.

GM shall have until June 15, 2017 to file its reply to plaintiffs’ opposition;

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4.

The hearing on GM’s motion shall be set on July 6, 2017 or any later date that is

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convenient for the Court;
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STIPULATION RE MOTION TO DISMISS AND CMC
CASE NO. 3:15-CV-07244-EMC

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5.

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Motion:

thirty-five (35) pages

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Opposition:

thirty-five (35) pages

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Reply:

twenty (20) pages

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The following page limits shall apply to the briefing of GM’s motion:

The Case Management Conference set for March 28, 2017 is vacated. The parties

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will submit Case Management Statements in accordance with the Court’s Order Setting Case

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Management Conference within thirty days after the Court issues its ruling on GM’s motion, with

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the Case Management Conference to be set thereafter at a date and time convenient for the Court.

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DATED: March 6, 2017

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________

/s/ Adam J. Levitt
Adam J. Levitt

/s/ Gregory R. Oxford
Gregory R. Oxford

GRANT & EISENHOFER P.A.
30 North LaSalle Street, Suite 2350
Chicago, Illinois 60602
Telephone: [phone]
[e-mail]

ISAACS CLOUSE CROSE & OXFORD
LLP
21515 Hawthorne Boulevard, Suite 950
Torrance, California 90503
Telephone: [phone]
[e-mail]

Counsel for Plaintiffs and the Proposed HUANG YBARRA SINGER & MAY
Classes
LLP
550 South Hope Street, Suite 1850
Los Angeles, California 90071
Telephone: [phone]
[e-mail]

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Counsel for General Motors LLC

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R NIA

. Chen
dward M

ER

FO

Judge E

H

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RT

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United States District Judge

ERED
O ORD D
IT IS S
FIE
DI
AS MO

LI

UNIT
ED

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RT
U
O

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NO

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Dated: March 9 2017
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to 8/17/17. A joint CMC
statement shall be filed by
8/10/17.
__________________________________

S DISTRICT
TE
C
TA

A

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PURSUANT TO STIPULATION, IT IS SO ORDERED, the CMC is reset from 3/28/17

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F
D IS T IC T O
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STIPULATION RE MOTION TO DISMISS AND CMC
CASE NO. 3:15-CV-07244-EMC