Carpenter et al v. Amazon.Com, Inc.

Filing 61

STIPULATION AND ORDER re 58 STIPULATION WITH PROPOSED ORDER filed by David Carpenter. Plaintiffs' opposition to Amazon's motion for summary judgment is due 12/7/2018. Amazon's reply is due 12/21/2018. The 1/24/2019 hearing remains as scheduled. Signed by Judge Jon S. Tigar on November 20, 2018. (jstlc2, COURT STAFF) (Filed on 11/20/2018)

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LAW OFFICES OF

WALKUP, MELODIA, KELLY & SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
T: [phone] · F: [phone]

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KHALDOUN A. BAGHDADI (State Bar #190111)
5 [e-mail]
VALERIE N. ROSE (State Bar #272566)
6 [e-mail]
7 Brendan M. Kunkle (State Bar #173292)
[e-mail]
8 ABBEY, WEITZENBERG, WARREN & EMERY
100 Stony Point Road, #200
9 Santa Rosa, CA 95401
Telephone: [phone]
10 Facsimile: [phone]
11 ATTORNEYS FOR PLAINTIFFS

DAVID CARPENTER, KIM CARPENTER,

12 INDIVIDUALLY AND AS NEXT FRIEND OF C.
C., A MINOR, AND KIM AGRELLA, TRUSTEE

13 OF THE CARPENTER FAMILY TRUST
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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17 DAVID CARPENTER, KIM
CARPENTER, individually and as next
18 friend of C. C., a minor, and KIM
AGRELLA, trustee of THE
19 CARPENTER FAMILY TRUST,
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Plaintiffs,
v.

22 AMAZON.COM, INC., a corporation,
and DOES ONE through TWENTY,
23 inclusive,
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Case No. 3:17-cv-03221-JST
STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME RE:
BRIEFING OF AMAZON’S MOTION
FOR SUMMARY JUDGMENT
The Hon. Jon S. Tigar
Action Filed:
Trial Date:

June 5, 2017
August 19, 2019

Defendants.

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TO THE HONORABLE COURT:

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The parties to this action, as well as the parties to the related case of State

28 Farm General Insurance Company v. Amazon.com, Inc. (Case No. 3:18-cv-006241

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME RE: BRIEFING OF AMAZON’S
MOTION FOR SUMMARY JUDGMENT – CASE NO. 3:17-cv-03221-JST

1 MEJ), hereby stipulate and request as follows:
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1.

Plaintiffs’ Opposition to Amazon’s Motion for Summary Judgment

3 (MSJ), filed on November 9, 2018, is currently due on November 23, 2018.
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2.

This briefing schedule, in light of the upcoming Thanksgiving holiday

5 and associated office closures, gives plaintiffs insufficient time to prepare adequate
6 and complete responsive briefing.
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Continuing plaintiff’s MSJ Opposition deadline until December 7, 2018

8 would allow plaintiffs an adequate period of time to respond.
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Accordingly, the parties request the following dates be continued

10 pursuant to the proposed deadlines outlined below. This briefing schedule would not
11 alter the Court’s scheduled hearing on Amazon’s MSJ, or any other relevant dates or
12 deadlines.
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Event

Current Deadline

Proposed Deadline

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Plaintiffs’ Opposition
to Amazon’s MSJ

November 23, 2018

December 7, 2018

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Amazon’s Reply

November 30, 2018

December 21, 2018

Hearing on Amazon’s
MSJ

January 24, 2019

January 24, 2019

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LAW OFFICES OF
WALKUP, MELODIA, KELLY

& SCHOENBERGER

A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME RE: BRIEFING OF AMAZON’S
MOTION FOR SUMMARY JUDGMENT - CASE NO. 3:17-cv-03221-JST

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SO STIPULATED.

2 Dated: November 16, 2018

W ALKUP , M ELODIA , K ELLY & S CHOENBERGER

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By:

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Dated: November 16, 2018

/s/ Valerie N. Rose
KHALDOUN A. BAGHDADI
VALERIE N. ROSE
Attorneys for Plaintiffs
DAVID CARPENTER, KIM CARPENTER,
INDIVIDUALLY AND AS NEXT FRIEND
OF C. C., A MINOR, AND KIM AGRELLA,
TRUSTEE OF THE CARPENTER FAMILY
TRUST

L E CLAIR R YAN

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By:

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17 Dated: November 16, 2018

/s/ Felicia P. Jafferies
CHARLES HORN
FELICIA P. JAFFERIES
Attorneys for Defendants
AMAZON.COM, INC.

P ILLEMER & P ILLEMER

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By:

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/s/ David B. Pillemer
DAVID B. PILLEMER
ROBIN F. GENCHEL
Attorneys for STATE FARM GENERAL
INSURANCE COMPANY

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LAW OFFICES OF
WALKUP, MELODIA, KELLY

& SCHOENBERGER

A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME RE: BRIEFING OF AMAZON’S
MOTION FOR SUMMARY JUDGMENT - CASE NO. 3:17-cv-03221-JST

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ATTORNEY ATTESTATION

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I, VALERIE N. ROSE, attest that concurrence in the filing of this document

3 has been obtained from any signatures indicated by a “ conformed” signature (/s/)
4 within this e-filed document. I declare under penalty of perjury that the foregoing is
5 true and correct.
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8 Dated: November 19, 2018
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___________________________________________
VALERIE N. ROSE
[PROPOSED] ORDER

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Having considered the stipulated request of the parties, the Court orders as

12 follows:
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1.

Good cause having been shown, and in light of the stipulation of the

14 parties to extend time on deadlines related to the briefing of defendant Amazon’s
15 Motion for Summary Judgment, the current briefing schedule relating to the Motion
16 are hereby vacated.
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2.

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The Court hereby sets the following case deadlines:
Event

Current Deadline

Proposed Deadline

Plaintiffs’ Opposition
to Amazon’s MSJ

November 23, 2018

December 7, 2018

Amazon’s Reply

November 30, 2018

December 21, 2018

Hearing on Amazon’s
MSJ

January 24, 2019

January 24, 2019

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LAW OFFICES OF
WALKUP, MELODIA, KELLY

& SCHOENBERGER

A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME RE: BRIEFING OF AMAZON’S
MOTION FOR SUMMARY JUDGMENT - CASE NO. 3:17-cv-03221-JST

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IT IS SO ORDERED.

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3 Dated: November 20, 2018
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___________________________________________
THE HONORABLE JON S. TIGAR
Judge of the United States District Court

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LAW OFFICES OF
WALKUP, MELODIA, KELLY

& SCHOENBERGER

A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME RE: BRIEFING OF AMAZON’S
MOTION FOR SUMMARY JUDGMENT - CASE NO. 3:17-cv-03221-JST