Johnson v. Nissan North America, Inc. et al

Filing 41

ORDER granting 40 STIPULATION to continue Case Management and deadlines as to 35 MOTION to Dismiss. Response due by 6/27/2017. Reply due by 7/24/2017. Motion Hearing and Case Management Conference set for 8/9/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Case Management Statement due 08/02/2017. Signed by Judge William H. Orrick on 06/01/2017. (jmdS, COURT STAFF) (Filed on 6/1/2017)

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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.

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

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v.

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

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Case No. 3:17-cv-00517-WHO
STIPULATION AND ORDER
TO EXTEND PLAINTIFFS’ TIME TO
RESPOND TO DEFENDANT’S MOTION
TO DISMISS, FOR DEFENDANT’S REPLY
AND TO CONTINUE CASE
MANAGEMENT CONFERENCE

Defendants.
376621 v1

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

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

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

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

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

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recitals:

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

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WHEREAS, by Order dated April 14, 2017, the Court granted the parties’ joint stipulation to

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1) extend the time for Defendant NNA to file its Motion to Dismiss to May 2, 2017; 2) for Plaintiffs

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to file their brief in opposition to June 6, 2017; 3) for NNA to file its reply brief to June 23, 2017;

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and 4) continuing the hearing on the Motion to Dismiss and the Case Management Conference to

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July 12, 2017 (Dkt.34);

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WHEREAS NNA filed its Motion to Dismiss on May 2, 2017 (Dkt. 35);

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WHEREAS, due to the complexity of Defendant’s motion, which raises novel issues not

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heretofore raised in related litigation; and
WHEREAS, due to Plaintiffs’ counsel’s unanticipated briefing obligations relating to trials in
other matters pending before other courts;
Plaintiffs and NNA stipulate and agree as follows and request the Court enter an Order as
follows:
1.

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

Complaint shall be filed by June 27, 2017;
2.

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

shall be filed by July 24, 2017;
3.

The hearing on NNA’s motion to dismiss will be set for Wednesday, August 9, 2017

at 2:00 p.m. before the Honorable William H. Orrick, or to any later date convenient to the Court;
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STIPULATION AND ORDER
CASE NO. 3:17-cv-00517-WHO

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4.

The Parties respectfully request that the Court continue the July 12, 2017 case

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management conference to August 9, 2017, at 2:00 p.m., the date of the hearing on NNA’s motion to

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

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IT IS SO STIPULATED.
Dated: June 1, 2017

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Respectfully submitted,
SHOOK, HARDY & BACON L.L.P.

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

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Attorneys for Defendant
Nissan North America, Inc.

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Dated: June 1, 2017

SIMMONS HANLY CONROY LLC

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By: _/s/ Mitchell M. Breit__________
PAUL J. HANLY, JR.
MITCHELL M. BREIT
CRYSTAL FOLEY

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

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

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from the other signatories.

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By:

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/s/ Mitchell M. Breit
Mitchell M. Breit

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

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ORDER

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

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1. Plaintiffs’ Opposition to NNA’s Motion to Dismiss is due on June 27, 2017;

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2. NNA’s Reply in Support of its Motion to Dismiss is due on July 24, 2017;

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August 9
3. The Initial Case Management Conference is continued from July 12, 2017 to _________,

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2017 at 2:00 p.m. NNA’s Motion to Dismiss will also be heard on this date.
IT IS SO ORDERED.

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June 1, 2017
Dated: ___________________

__________________________________
UNITED STATES DISTRICT JUDGE
HONORABLE WILLIAM H. ORRICK

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