Johnson v. Nissan North America, Inc. et al

Filing 34

ORDER TO EXTEND TIME TO granting 33 STIPULATION. Case Management Statement due by 7/5/2017. Case Management Conference set for 7/12/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 04/14/2017. (jmdS, COURT STAFF) (Filed on 4/14/2017) Modified on 4/14/2017 to correct CMC dates (jmdS, COURT STAFF).

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

Crystal Foley (SBN 224627)
SIMMONS HANLY CONROY LLC
100 N. Sepulveda Boulevard, Suite 1350
Los Angeles, California 90245
Telephone: [phone]
Facsimile: 310.322.3655
[e-mail]
Paul J. Hanly, Jr. (admitted pro hac vice)
Mitchell M. Breit (admitted pro hac vice)
SIMMONS HANLY CONROY LLC
112 Madison Avenue
New York, New York 10016
Telephone: [phone]
Facsimile: 212.213.5949
[e-mail]
[e-mail]
Attorneys for Plaintiffs
SHERIDA JOHNSON, HARRY GUNSENHOUSER,
and SUBRINA SEENARAIN
Amir M. Nassihi (SBN 235936)
Andrew L. Chang (SBN 222309)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone:
415.544.1900
Facsimile:
415.391.0281
[e-mail]
[e-mail]
Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

18
19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21

SAN FRANCISCO DIVISION

22
23
24

SHERIDA JOHNSON, HARRY
GUNSENHOUSER, and SUBRINA
SEENARAIN on behalf of themselves and all
others similarly situated,
Plaintiffs,

25
26

v.

27

STIPULATION AND ORDER TO EXTEND
TIME TO RESPOND TO PLAINTIFFS’
FIRST AMENDED COMPLAINT,
CONTINUE CASE MANAGEMENT
CONFERENCE, AND EXCEED PAGE
LIMITATIONS

NISSAN NORTH AMERICA, INC. and
NISSAN MOTOR CO. LTD.,

28

Case No. 3:17-cv-00517-WHO

Defendants.
376621 v1

STIPULATION AND ORDER
CASE NO. 3:17-cv-00517-WHO

1

Pursuant to paragraph 1(d) of the Honorable William H. Orrick’s Case Management

2

Conference Order (Dkt. 20) and L.R. 6-1(b), 6-2, and 7-12, Plaintiffs Sherida Johnson, Harry

3

Gunsenhouser, and Subrina Seenarain (“Plaintiffs”) and Defendant Nissan North America (“NNA”)

4

(collectively, the “Parties”) enter into this stipulation with reference to the following facts and

5

recitals:

6
7

WHEREAS, Plaintiff Sherida Johnson filed the original complaint in this action on February
1, 2017 (Dkt. 1);

8
9

WHEREAS, by Order dated February 21, 2017, the Court set a Case Management
conference on May 9, 2017 at 2:00 p.m. (Dkt. 20);
WHEREAS, Plaintiffs’ First Amended Complaint was filed on March 20, 2016, which added

10
11

claims on behalf of new Plaintiffs Harry Gunsenhouser and Subrina Seenarain (Dkt. 32);

12
13

WHEREAS, NNA has agreed to accept service of the First Amended Complaint as of April
11, 2017, making NNA’s response to the complaint due on May 2, 2017;

14

WHEREAS, the Parties are meeting and conferring regarding the dismissal and/or service of

15

as-yet unserved Defendant Nissan Motor Co. Ltd. subject to terms and conditions that are being

16

discussed between the parties;

17

WHEREAS, the Parties seek to establish a briefing schedule for NNA’s anticipated Motion

18

to Dismiss and coordinate the hearing date for that motion with the initial case management

19

conference in this action to permit the Parties to complete their discussion regarding Defendant

20

Nissan Motor Co. Ltd. and in the interests of efficiency and convenience of the Court and Parties;

21

and

22

WHEREAS, the Parties seek leave of the Court to exceed the page limitations on briefing

23

relating to the Motion to Dismiss based on the complexity and number of additional issues,

24

plaintiffs, states’ laws, and claims that must be addressed therein;

25
26

Plaintiffs and NNA stipulate and agree as follows and request the Court enter an Order as
follows:

27
28

1

STIPULATION AND ORDER
CASE NO. 3:17-cv-00517-WHO

1
2

1.
2, 2017;

3
4

2.

3.

NNA’s reply brief in support of its Motion to Dismiss the First Amended Complaint

shall be filed by June 23, 2017;

7
8

Plaintiffs’ brief in opposition to NNA’s Motion to Dismiss the First Amended

Complaint shall be filed by June 6, 2017;

5
6

NNA’s Motion to Dismiss Plaintiffs’ First Amended Complaint shall be filed by May

4.

The hearing on NNA’s motion to dismiss will be set for Wednesday, July 12, 2017 at

2:00 p.m. before the Honorable William H. Orrick, or to any later date convenient to the Court;

9

5.

The Parties respectfully request that the Court continue the May 9, 2017 case

10

management conference to July 12, 2017, at 2:00 p.m., the date of the hearing on NNA’s motion to

11

dismiss, or to any later date convenient to the Court;

12

6.

In light of the multiple states, parties, and causes of action raised in the First

13

Amended Complaint, the Parties further respectfully request leave to exceed the page limitations set

14

forth in L.R. 7-2(b) and 7-3(a) and (c) as follows:

15

a.

NNA’s Motion to Dismiss shall not exceed 35 pages;

16

b.

Plaintiffs’ Opposition shall not exceed 35 pages; and

17

c.

NNA’s reply brief shall not exceed 20 pages.

18
19

IT IS SO STIPULATED.
Dated: April 11, 2017

Respectfully submitted,

20

SHOOK, HARDY & BACON L.L.P.

21

By: __/s/ Amir M. Nassihi___________
AMIR M. NASSIHI
ANDREW L. CHANG

22
23

Attorneys for Defendant
Nissan North America, Inc.

24
25
26
27
28

///
///
///

2

STIPULATION AND ORDER
CASE NO. 3:17-cv-00517-WHO

1

Dated: April 11, 2017

2

SIMMONS HANLY CONROY LLC
By: __/s/ Mitchell M. Breit_________
PAUL J. HANLY, JR.
MITCHELL M. BREIT
CRYSTAL FOLEY

3
4

Attorneys for Plaintiffs
Sherida Johnson, Harry Gunsenhouser, and
Subrina Seenarain

5
6

Pursuant to L.R. 5-1(i), I attest that concurrence in the filing of this document has been obtained
7
from the other signatories.
8
9

By:

10

/s/ Amir M. Nassihi
Amir M. Nassihi

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

STIPULATION AND ORDER
CASE NO. 3:17-cv-00517-WHO

1

ORDER

2

Pursuant to the parties’ stipulation, the Court hereby orders as follows:

3

1. NNA’s Motion to Dismiss Plaintiffs’ First Amended Complaint is due on May 2, 2017;

4

2. Plaintiffs’ Opposition to NNA’s Motion to Dismiss is due on June 6, 2017;

5

3. NNA’s Reply in Support of its Motion to Dismiss is due on June 23, 2017;

6

4. The following page limits apply to the Parties’ briefing on NNA’s motion to dismiss:

7

a. 35 pages for NNA’s motion to dismiss;

8

b. 35 pages for Plaintiffs’ opposition; and

9

c. 20 pages for NNA’s reply papers.

10
11
12

5. The Initial Case Management Conference is continued from May 9, 2017 to July 12,
2017 at 2:00 p.m. NNA’s Motion to Dismiss will also be heard on this date.
IT IS SO ORDERED.

13
14

Dated: April 14, 2017
UNITED STATES DISTRICT JUDGE
HONORABLE WILLIAM H. ORRICK

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

4

STIPULATION AND ORDER
CASE NO. 3:17-cv-00517-WHO