Johnson v. Nissan North America, Inc. et al

Filing 68

ORDER to continue hearing as to 59 MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint. Motion Hearing reset for 2/13/2018 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 01/22/2018. (jmdS, COURT STAFF) (Filed on 1/22/2018)

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Crystal Foley (SBN 224627)
SIMMONS HANLY CONROY LLC
100 N. Sepulveda Boulevard, Suite 1350
Los Angeles, California 90245
Tel: [phone] | Fax: [phone]
[e-mail]

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Gregory F. Coleman (admitted pro hac vice)
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Tel: [phone] | Fax: [phone]
Email: [e-mail]

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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
Tel: [phone] | Fax: [phone]
[e-mail] | [e-mail]

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Attorneys for Plaintiffs
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Amir M. Nassihi (SBN 235936)
Andrew L. Chang (SBN 222309)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Tel: [phone] | Fax: [phone]
[e-mail] | [e-mail]

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Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION
SHERIDA JOHNSON, SUBRINA
SEENARAIN, CHAD LOURY, LINDA SPRY,
LISA SULLIVAN, and APRIL AHRENS, on
behalf of themselves and all others similarly
situated,

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Plaintiffs,

Case No. 3:17-cv-00517-WHO
STIPULATION AND ORDER TO
CONTINUE HEARING ON DEFENDANT
NISSAN NORTH AMERICA, INC.’S
MOTION TO DISMISS SECOND
AMENDED COMPLAINT

v.

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

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Defendants.
397626 v2

STIPULATION AND PROPOSED 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, Subrina

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Seenarain, Chad Loury, Linda Spry, Lisa Sullivan, and April Ahrens (“Plaintiffs”) and Defendant

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Nissan North America (“NNA”) (collectively, the “Parties”) enter into this stipulation with reference

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to the following facts and recitals:

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On September 18, 2017, Plaintiffs filed a Second Amended Complaint, dropping the New

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Jersey plaintiff, adding a new California plaintiff and new plaintiffs from Colorado, Illinois, and

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Florida (Dkt. 56).

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NNA’s motion to dismiss Plaintiffs’ Second Amended Complaint was filed on October 23,

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2017. (Dkt. 59) Plaintiffs’ opposition was filed on November 13, 2017 (Dkt. 62), and NNA’s reply

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brief was filed on November 29, 2017. (Dkt. 64);

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The hearing on NNA’s motion to dismiss Plaintiffs’ Second Amended Complaint is currently
set for January 31, 2018. (Dkt. 66);

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A further Case Management Conference is scheduled for February 13, 2018. (Dkt. 51);

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All previous time modifications in this case, whether by stipulation or Court order, are as

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follows:

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1. A stipulation to extend the time for NNA to respond to Plaintiffs’ First Amended

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Complaint was filed on April 11, 2017 (Dkt. 33), and granted by the court on April 14,

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2017. (Dkt. 34);

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2. A stipulation to extend the time for Plaintiffs to file their opposition to NNA’s motion to

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dismiss, NNA’s reply brief, and continue the case management conference was filed on

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June 1, 2017 (Dkt. 40), and granted by the court on the same date. (Dkt. 41);

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3. A stipulation to extend the time for NNA to file a response to Plaintiffs’ Second

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Amended Complaint was filed on September 19, 2017 (Dkt. 57), and granted by the court

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on the following day. (Dkt. 59);

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4. A stipulation to extend the time for Plaintiffs to file their opposition to NNA’s motion to

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dismiss Plaintiffs’ Second Amended Complaint was filed on November 3, 2017 (Dkt.

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59), and granted by the court on the same date. (Dkt. 60); and
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STIPULATION AND PROPOSED ORDER
CASE NO. 3:17-cv-00517-WHO

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5. A stipulation to continue the hearing date on NNA’s Motion to Dismiss Plaintiffs’

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Second Amended Complaint from January 3 to January 31, 2018 was granted by the

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court. (Dkt. 66)

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In the interests of efficiency and due to the number of attorneys who will be flying across the

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country to appear for the January 31, 2018 hearing on NNA’s motion to dismiss Plaintiff’s Second

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Amended Complaint, the parties met and conferred and have stipulated that the hearing on NNA’s

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motion to dismiss be rescheduled from January 31 to February 13, 2018, the same date set for a

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further case management conference. This modification will not impact the current schedule in this

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action.

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Therefore, pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, and subject to the Court’s

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approval, IT IS HEREBY STIPULATED AND AGREED, by the Parties through their respective

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counsel of record that:

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1. The January 31, 2018 hearing on NNA’s Motion to Dismiss Plaintiffs’ Second Amended

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Complaint is continued to February 13, 2018, the same date set for a further case

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management conference.

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IT IS SO STIPULATED.
Dated: January 21, 2018

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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: January 21, 2018

GREG COLEMAN LAW PC

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By: __/s/ Gregory F. Coleman________
Gregory F. Coleman

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Attorneys for Plaintiffs
Sherida Johnson, Subrina Seenarain, Chad
Loury, Linda Spry, Lisa Sullivan, and April
Ahrens

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

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

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By:

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/s/ Amir M. Nassihi
Amir M. Nassihi

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STIPULATION AND PROPOSED 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 that the January 31, 2018 hearing

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date for NNA’s Motion to Dismiss Plaintiffs’ Second Amended Complaint is continued to February

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13, 2018 at 2:00 p.m., the same date set for a further case management conference.

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IT IS SO ORDERED.

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Dated: January 22, 2018

__________________________________
UNITED STATES DISTRICT JUDGE
HONORABLE WILLIAM H. ORRICK

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