Kao v. Abbott Laboratories Inc. et al

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER filed by Nina Barwick, Crystal Kao. Case Management Statement due by 9/14/2017. Initial Case Management Conference set for 9/21/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on July 31, 2017. (wsn, COURT STAFF) (Filed on 7/31/2017)

Jonathan Weissglass (SBN 185008)

1 ALTSHULER BERZON LLP
2 177 Post Street, Suite 300
3
4

San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

5 J. Gerard Stranch, IV (BPR#023045), pro hac vice
6 Benjamin A. Gastel (BPR#0028699), pro hac vice
7
8
9
10
11

Michael Isaac Miller (SBN 266459)
BRANSTETTER, STRANCH
& JENNINGS, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: [phone]
Facsimile: 615/255-5419
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

12
13

Attorneys for Plaintiffs

14

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

15
16
17

CRYSTAL KAO, individually and on behalf of
herself and all others similarly situated; and

Case Number: 3:17-CV-02790-JST

18 NINA BARWICK, individually and on behalf of STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE AND
19
20

herself and all others similarly situated,
Plaintiffs,
vs.

21
ABBOTT LABORATORIES INC., an Illinois

22 corporation d/b/a Abbott Nutrition,
23
Defendants.

EXTENDING HEARING DATE FOR
DEFENDANT ABBOTT LABORATORIES,
INC.’S MOTION TO DISMISS, AND JOINT
REQUEST TO CHANGE DATE OF CASE
MANAGEMENT CONFERENCE

Judge:

Hon. Jon S. Tigar

24
25
26
27
28
Case No.: 3:17-CV-02790-JST
STIPULATION AND [PROPOSED] ORDER

1

Pursuant to Northern District of California Local Rule 6-2(a), the parties, through their

2 undersigned counsel, hereby stipulate and respectfully request that the Court modify the briefing
3 schedule for Defendant Abbott Laboratories, Inc.’s (“Defendant”) Motion to Dismiss (“Motion”), extend
4
the hearing date for the Motion to September 21, 2017, and change the date of the Initial Case

5
6
7

Management Conference to September 20, 2017. The parties declare in support of this request:
WHEREAS, Plaintiffs Crystal Kao and Nina Barwick (“Plaintiffs”) filed their Class Action

8 Complaint (“Complaint”) (Dkt. 1) on May 15, 2017;
9

WHEREAS, on May 17, 2017, Magistrate Judge Joseph C. Spero entered an Order Setting Initial

10 Case Management Conference and ADR Deadlines (Dkt. 5), and scheduled the Initial Case Management
11
Conference on August 18, 2017;

12

WHEREAS, on May 19, 2017, Defendant Abbott Laboratories, Inc. (“Defendant”) executed a

13
14

waiver of service of summons in this action, which established a deadline of July 17, 2017 for Defendant

15 to file and serve an answer or a motion under Rule 12;
16

WHEREAS, on May 31, 2017, this case was reassigned to this Court;

17

WHEREAS, on June 1, 2017, this Court entered an order scheduling the Initial Case Management

18 Conference on August 23, 2017;
19

WHEREAS, on July 17, 2017, Defendant filed a Motion to Dismiss (“Motion”) the Complaint,

20
21
22

and included a hearing date of August 24, 2017 in the Motion;
WHEREAS, on July 20, 2017, this Court entered an order continuing the hearing date for the

23 Motion to September 12, 2017;
24

WHEREAS, pursuant to Northern District of California Local Rule 7-3, the current deadline for

25 Plaintiffs to file and serve an opposition to the Motion is July 31, 2017, and the current deadline for
26 Defendant to file and serve a reply in support of the Motion is August 7, 2017;
27
28
2
Case No.: 3:17-CV-02790-JST
STIPULATION AND [PROPOSED] ORDER

1
2

WHEREAS, the parties have stipulated to modify the briefing schedule and extend the hearing
date for the Motion as follows:

3

August 10, 2017 – Deadline for Plaintiffs to file and serve an opposition to the Motion,

4

August 22, 2017 – Deadline for Defendant to file and serve a reply in support of the Motion,

5

September 21, 2017 – Hearing date for the Motion;

6
WHEREAS, the parties request that the Initial Case Management Conference be continued to

7
8
9
10
11
12
13

September 20, 2017 in the interests of efficiency for both the parties and the Court, and to accommodate
counsel located outside of California.
IT IS HEREBY STIPULATED AND AGREED, subject to this Court’s approval, by and between
the undersigned counsel, on behalf of the parties, as follows:
Plaintiffs’ deadline to file and serve an opposition to the Motion is August 10, 2017, and
Defendant’s deadline to file and serve a reply in support of the Motion is August 22, 2017. The hearing

14
15
16
17

date for the Motion, which is currently scheduled on September 12, 2017, is continued to September 21,
2017. The Initial Case Management Conference, which is currently scheduled on August 23, 2017, is
continued to September 20, 2017.

18
19
20
21
22
23
24
25
26
27
28
27

Dated: July 28, 2017

BRANSTETTER, STRANCH & JENNINGS, PLLC
By:

/s/ Gerard Stranch
Gerard Stranch
Jonathan Weissglass (SBN 185008)
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
J. Gerard Stranch, IV (BPR#023045), pro hac vice
Benjamin A. Gastel (BPR#0028699), pro hac vice
Michael Isaac Miller (SBN 266459)
BRANSTETTER, STRANCH

3
Case No.: 3:17-CV-02790-JST
STIPULATION AND [PROPOSED] ORDER

& JENNINGS, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: [phone]
Facsimile: 615/255-5419
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

1
2
3
4
5

Attorneys for Plaintiffs

6
7

Kirkland & Ellis LLP

8
9
10
11
12
13
14
15
16
17
18
19
20
21

By:

/s/ Gregg F. LoCascio
Gregg F. LoCascio
Elizabeth L. Deely (SBN 230798)
[e-mail]
Kirkland & Ellis LLP
555 California Stree
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Gregg F. LoCascio, P.C. (pro hac vice)
[e-mail]
Jonathan Jones (pro hac vice)
[e-mail]
Kirkland & Ellis LLP
655 Fifteenth Street, N.W.
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant
Abbott Laboratories, Inc.

22
23
24
25
26
27
28
27

4
Case No.: 3:17-CV-02790-JST
STIPULATION AND [PROPOSED] ORDER

1
2

[PROPOSED] ORDER

3

Good cause appearing therefore, and the parties having stipulated to the same, the parties’

4
5

stipulation is hereby APPROVED. Plaintiffs’ deadline to file and serve an opposition to the Motion is
August 10, 2017, and Defendant’s deadline to file and serve a reply in support of the Motion is August

6
22, 2017. The hearing date for the Motion, which is currently scheduled on September 12, 2017, is

7

15

19

n S.
J u d ge J o

ER

Ti ga r

H

18

RT

17

NO

16

O
IT IS S
DIFIED
AS MO

R NIA

14

__________________________________
Honorable Jon S. Tigar
United States DistrictRDERED
O Judge

UNIT
ED

13

Dated: July 31, 2017

S DISTRICT
TE
C
TA

RT
U
O

12

S

11

FO

10

scheduled on August 23, 2017, is continued to September 20, 2017.
September 21, 2017 at 2 p.m. The parties shall file a Joint
IT IS SO ORDERED.
Case Management Statement by September 14, 2017.

LI

9

continued to September 21, 2017. The Initial Case Management Conference, which is currently

A

8

N

D IS T IC T
R

OF

C

20
21
22
23
24
25
26
27
28
27

5
Case No.: 3:17-CV-02790-JST
STIPULATION AND [PROPOSED] ORDER