Craig Ogans v. United Parcel Service, Inc. et al

Filing 24

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT UNITED PARCEL SERVICE, INC. TO RESPOND TO FIRST AMENDED COMPLAINT. Defendant shall file and serve its response to plaintiff's First Amended Complaint no later than July 20, 2017. Signed by Judge Maxine M. Chesney on 06/27/17. (mmclc2, COURT STAFF) (Filed on 6/27/2017)

1
2
3
4
5
6
7
8
9
10
11
12
13

ADAM ROSE (SB# 210880)
[e-mail]
FRONTIER LAW CENTER
23901 Calabasas Road, #2074
Calabasas, California 91302
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CRAIG OGANS
E. JEFFREY GRUBE (SB# 167324)
ELIZABETH A. BROWN (SB# 235429)
C. YEWLEH CHEE (SB# 281710)
[e-mail]
[e-mail]
[e-mail]
GRUBE BROWN & GEIDT LLP
601 Montgomery Street, Suite 1150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

14
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
18

CRAIG OGANS, on behalf of himself and all
others similarly situated,
Plaintiff,

19
20
21
22
23

vs.
UNITED PARCEL SERVICE, INC. and
DOES 1 to 100,
Defendants.

Case No. 3:17-cv-02443-MMC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
DEFENDANT UNITED PARCEL
SERVICE, INC. TO RESPOND TO FIRST
AMENDED COMPLAINT
Judge:
Hon. Maxine M. Chesney
Courtroom: 7

24
25
26
27
28
Case No. 3:17-cv-02443-MMC

STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO RESPOND TO FAC

1
2
3
4

By and through their respective attorneys of record, Plaintiff Craig Ogans and Defendant
United Parcel Service, Inc. (“UPS”) (collectively, the “Parties”) stipulate and agree as follows:
WHEREAS, Plaintiff filed his initial Complaint in San Francisco Superior Court on
March 6, 2017;

5

WHEREAS, UPS removed the action to this Court on April 28, 2017;

6

WHEREAS, UPS moved to dismiss Plaintiff’s Complaint for failure to state a claim upon

7

which relief can be granted on May 5, 2017;

8

WHEREAS, Plaintiff filed his First Amended Complaint on May 19, 2017;

9

WHEREAS, on June 1, 2017, pursuant to the Parties’ stipulation, the Court ordered that

10

UPS’s deadline to file and serve its response to Plaintiff’s First Amended Complaint shall be

11

extended to June 30, 2017;

12

WHEREAS, the Parties have used this extension of time to discuss the allegations

13

contained in Plaintiff’s First Amended Complaint and UPS’s defenses against Plaintiff’s claims;

14
15
16

WHEREAS, the Parties have reached a resolution of Plaintiff’s claims in principle and
need additional time to finalize the settlement agreement;
THEREFORE, the Parties stipulate and agree to extend the time for UPS to file and serve

17

its response to Plaintiff’s First Amended Complaint to July 20, 2017.

18

DATED: June 26, 2017

19

BY:

/s/ Adam Rose
ADAM ROSE
Attorneys for Plaintiff
CRAIG OGANS

20
21
22
23
24

FRONTIER LAW CENTER

The undersigned attests that the signatory listed above concurs in the content of this
document and has authorized its filing.
DATED: June 26, 2017

GRUBE BROWN & GEIDT LLP

25
26

BY:

/s/ Elizabeth A. Brown
ELIZABETH A. BROWN
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

27
28
Case No. 3:17-cv-02443-MMC

-1-

STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME TO RESPOND TO FAC

DECLARATION OF C. YEWLEH CHEE
2

I, C . Yewleh Chee, declare as follows:

3

1.

I am an attorney duly licensed to practice before this Court and before all of the

4

Courts of the State of California. I am an Associate at the law firm of Grube Brown & Geidt

5

LLP and counsel of record for Defendant United Parcel Service, Inc. ("UPS") in this action.

6

2.

UPS removed this action to this Court on April 28, 2017. UPS moved to dismiss

7

Plaintiffs Complaint for failure to state a claim upon which relief can be granted on May 5,

8

2017.

9
10
11

3.

Instead of opposing UPS ' s motion to dismiss, Plaintifffiled his First Amended

ComplaintonMay19, 2017.
4.

On June 1, 2017, the Parties stipulated and the Court ordered that UPS's deadline

12

to file and serve its response to Plaintiffs First Amended Complaint shall be extended to June

13

30, 2017.

14

5.

15
16
17
18

The Parties used this extension of time to discuss the allegations contained in

Plaintiffs First Amended Complaint and UPS ' s defenses against Plaintiffs claims.
6.

The Parties have reached a resolution of this action and are now finalizing the

settlement agreement.
7.

Good cause exists to extend the deadline for UPS to fi le its response to the First

19

Amended Complaint from June 30, 2017 to July 20, 2017. This enlargement oftime is needed

20

by the Parties to finalize the settlement agreement.

21

8.

There has been one previous time modification in this case.

22

9.

This requested time modification would not alter the schedule for the case.

23

I declare under penalty of perjury under the laws of the State of California and the United

24
25

States of America that the foregoing is true and correct.
Executed this 26th day of June, 2017, at San Francisco, California.

26

7-

27
28
Case No . 3: 17-cv-02443-MMC

- 2-

YEWLEH CHEE

STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME TO RESPOND TO FAC

1
2

[PROPOSED] ORDER

3

This Court, having reviewed the foregoing Stipulation, and good cause appearing
therefore
therefor, HEREBY ORDERS that the deadline for Defendant United Parcel Service, Inc. to file

4

and serve its response to Plaintiff’s First Amended Complaint shall be extended to and include

5

July 20, 2017.

6

PURSUANT TO STIPULATION, IT IS SO ORDERED.

7
8
9

June 27, 2017
Dated: _____________________

10
____________________________________
Hon. Maxine M. Chesney
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 3:17-cv-02443-MMC

-3-

STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME TO RESPOND TO FAC