Zeiger et al v. WellPet LLC et al

Filing 38

ORDER granting 37 STIPULATION to Set Briefing Schedule as to 34 MOTION to Dismiss. Response due by 12/5/2017. Reply due by 12/19/2017. Signed by Judge William H. Orrick on 11/17/2017. (jmdS, COURT STAFF) (Filed on 11/17/2017)

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James P. Muehlberger (admitted pro hac vice)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
2555 Grand Blvd.
Kansas City, Missouri 64108
Telephone:
816-474-6550
Facsimile:
816-421-5547
Paul B. La Scala (SBN: 186939)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
Jamboree Center
5 Park Plaza, Suite 1600
Irvine, California 92614-2546
Telephone:
949-475-1500
Facsimile:
949-475-0016
Joan R. Camagong (SBN: 288217)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104-4505
Telephone: [phone]
Facsimile: 415-391-0291
Attorneys for Defendants BERWIND
CORPORATION and WELLPET LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL ZEIGER, DANZ DOGGIE
DAYTRIPS, and AMY FREEBORN,
Individually and on Behalf of All Others
Similarly Situated,

Case No. 3:17-cv-04056-WHO
STIPULATION AND ORDER TO SET
BRIEFING SCHEDULE ON DEFENDANTS’
MOTION TO DISMISS THE FIRST
AMENDED COMPLAINT

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Plaintiffs,
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v.

Complaint Filed: July 19, 2017
FAC Filed: October 26, 2017

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WELLPET LLC, a Delaware corporation, and
BERWIND CORPORATION, a Pennsylvania
corporation,

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Defendants.
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This Stipulation is entered into by and between the Parties, plaintiffs Daniel Zeiger, Danz

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Doggie Daytrips and Amy Freeborn (“Plaintiffs”) and Defendants WellPet LLC and Berwind

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Corporation (“Defendants”) through their respective undersigned counsel.
393403 v1

The Parties hereby

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STIPULATION AND ORDER TO SET BRIEFING SCHEDULE
Case No.: 3:17-CV-04056-WHO

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stipulate, subject to the Court’s approval, to set a briefing schedule on Defendants’ Motion to

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Dismiss the First Amended Complaint. This Stipulation is based on the following facts and the

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accompanying declaration of Joan R. Camagong:

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1.

Plaintiffs filed their First Amended Complaint on October 26, 2017 [Dkt. 33].

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Defendants filed their Motion to Dismiss the First Amended Complaint on November 9, 2017

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(“Motion to Dismiss”) [Dkt. 34]. Plaintiffs’ current deadline to respond to Defendants’ Motion to

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Dismiss is November 24, 2017 and Defendants’ reply is due by December 1, 2017. The hearing on

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Defendants’ Motion to Dismiss is set for January 10, 2018.

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2.

The Parties have conferred and agree that due to the complexities and breadth of the

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present issues and the upcoming holidays, additional time is required for the Parties to complete the

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Motion to Dismiss briefing.

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THEREFORE, THE PARTIES HEREBY STIPULATE as follows:
1.

Pursuant to Local Rules 6-1(b) and 6-2, and subject to approval of the Court,

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Plaintiffs shall file their opposition on or before December 5, 2017. Defendants shall file their reply

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on or before December 19, 2017.

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2.

The Parties agree that by entering into this Stipulation, Defendants are not waiving

any defense that personal and/or subject matter jurisdiction is not proper before this Court.
The requested modification will not impact the current January 10, 2018 hearing date, or the
case schedule, which will be set at or following the initial case management conference.

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Dated: November 14, 2017

Respectfully submitted,

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SHOOK, HARDY & BACON L.L.P.

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By: /s/ Joan R. Camagong
Joan R. Camagong

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Attorneys for Defendants
WellPet LLC and Berwind Corporation

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STIPULATION AND ORDER TO SET BRIEFING SCHEDULE
Case No.: 3:17-cv-04056-WHO

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Dated: November 14, 2017

Respectfully submitted,

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ROBBINS ARROYO LLP

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By: /s/ Ashley Rifkin
Ashley Rifkin

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Attorneys for Plaintiffs Daniel Zeiger, Danz
Doggie Daytrips, and Amy Freeborn

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Certification of Compliance with N.D. Cal. L.R. 5-1(i)(3)
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I hereby certify that pursuant to N.D. Cal. L.R. 5-1(i)(3), I have obtained the authorization

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from the above signatories to file the above-referenced document, and that the above signatories

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concur in the filing’s content.

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I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on November 14, 2017.

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By: /s/ Joan R. Camagong
Joan R. Camagong

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STIPULATION AND ORDER TO SET BRIEFING SCHEDULE
Case No.: 3:17-cv-04056-WHO

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ORDER
Having considered the Stipulation to Set Briefing Schedule on Defendants’ Motion to
Dismiss the First Amended Complaint, filed by the Parties pursuant to Civil Local Rules 6-1(b) and
6-2, and good cause appearing, the COURT ORDERS as follows:
1. Plaintiffs shall file their opposition on or before December 5, 2017.
2. Defendants shall file their reply on or before December 19, 2017.

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IT IS SO ORDERED.

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DATED: November 17, 2017

______________________________
WILLIAM H. ORRICK
United States District Judg

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STIPULATION AND ORDER TO SET BRIEFING SCHEDULE
Case No.: 3:17-CV-04056-WHO