Becerra v. Dr. Pepper Snapple Group, Inc.

Filing 44

ORDER REGARDING BRIEFING SCHEDULE granting 43 STIPULATION. Deadline reset as to 35 MOTION to Dismiss. Replies due by 2/7/2018. Signed by Judge William H. Orrick on 02/02/2018. (jmdS, COURT STAFF) (Filed on 2/2/2018)

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THE LAW OFFICE OF JACK FITZGERALD, PC
JACK FITZGERALD (SBN 257370)
[e-mail]
TREVOR M. FLYNN (SBN 253362)
[e-mail]
MELANIE PERSINGER (SBN 275423)
[e-mail]
Hillcrest Professional Building
3636 Fourth Avenue, Suite 202
San Diego, California 92103
Phone: [phone]
Fax: [phone]
SACKS WESTON DIAMOND, LLC
ANDREW SACKS (admitted pro hac vice)
[e-mail]
JOHN WESTON (admitted pro hac vice)
[e-mail]
1845 Walnut Street, Suite 1600
Philadelphia, Pennsylvania 19103
Phone: [phone]
Counsel for Plaintiff and the Proposed Class

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Van H. Beckwith (admitted pro hac vice)
[e-mail]
Monica R. Hughes (pro hac vice to be filed)
[e-mail]
Jessica E. Underwood (admitted pro hac vice)
[e-mail]
2001 Ross Avenue
Dallas, Texas 75201
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
DR PEPPER/SEVEN UP, INC.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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BAKER BOTTS L.L.P.
Stuart C. Plunkett (CA State Bar No. 187971)
[e-mail]
Ariel D. House (CA State Bar No. 280477)
[e-mail]
101 California Street, Suite 3600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

SHANA BECERRA, on behalf of herself, all others Case No.: 17-cv-5921-WHO
similarly situated, and the general public,
STIPULATION AND ORDER
REGARDING BRIEFING SCHEDULE ON DR
Plaintiff,
PEPPER’S MOTION TO DISMISS THE
SECOND AMENDED COMPLAINT
v.
DR PEPPER/SEVEN UP, INC.,

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Defendant.

[N.D. Cal. Civ. L.R. 6-1(b)]
Hon. William H. Orrick

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Becerra v. Dr Pepper/Seven Up, Inc., Inc., No. 17-cv-5921-WHO
STIPULATION AND [PROPOSED] ORDER

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Plaintiff Shana Becerra (“Plaintiff”) and Defendant Dr Pepper/Seven Up, Inc. (“Defendant”)

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(collectively, “the Parties”) respectfully file this stipulation to adjust the briefing schedule relating to Dr

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Pepper’s motion to dismiss, and hereby agree as follows:

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WHEREAS, on January 16, 2018, Dr Pepper filed a motion to dismiss plaintiff’s Second Amended
Complaint (Dkt. No. 35);

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WHEREAS, plaintiff’s counsel inadvertently calendared the motion as having been filed on January

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17, 2018, and as a result, filed plaintiff’s opposition two weeks later, on January 31, 2018, which was one

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day after it was due (Fitzgerald Decl. ¶ 2);

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WHEREAS, Dr Pepper requested, and plaintiff agreed, that in light of the inadvertent error, the

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briefing schedule should be adjusted so as to provide Dr Pepper the full seven (7) days permitted under the

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Local Rules to brief a Reply;

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WHEREAS, a hearing on Dr Pepper’s motion is set for March 28, 2018; and

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WHEREAS, the parties’ requested continuance will not affect the date of the hearing.

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IT IS HEREBY STIPULATED that, upon the Court’s approval, Dr Pepper’s deadline to file a Reply

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in support of its Motion to Dismiss the Second Amended Complaint shall be continued from February 6, to

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February 7, 2018.

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IT IS SO STIPULATED AND AGREED.
Dated: February 1, 2018

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By: /s/ Ariel D. House
BAKER BOTTS L.L.P.
Stuart C. Plunkett
[e-mail]
Ariel D. House
[e-mail]
101 California Street, Suite 3600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Van H. Beckwith
[e-mail]
Monica R. Hughes

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By: /s/ Jack Fitzgerald 1
THE LAW OFFICE OF JACK FITZGERALD, PC
Jack Fitzgerald
[e-mail]
Trevor M. Flynn
[e-mail]
Melanie R. Persinger
[e-mail]
Hillcrest Professional Building
3636 Fourth Avenue, Suite 202
San Diego, CA 92103
Telephone: [phone]
Facsimile: [phone]

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I, Jack Fitzgerald, hereby attest, pursuant to Civil Local Rule 5-1(i)(3) of the Northern District of California,
that the concurrence to the filing of this document has been obtained from each signatory hereto.
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Becerra v. Dr Pepper/Seven Up, Inc., Inc., No. 17-cv-5921-WHO
STIPULATION AND [PROPOSED] ORDER

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[e-mail]
Jessica E. Underwood
[e-mail]
2001 Ross Avenue
Dallas, Texas 75201
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Dr Pepper/Seven Up, Inc.

SACKS WESTON DIAMOND, LLC
Andrew B. Sacks
[e-mail]
John K. Weston
[e-mail]
1845 Walnut Street, Suite 1600
Philadelphia, PA 19103
Telephone: [phone]
Attorneys for Plaintiff Shana Becerra
and the Putative Class

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The Court HEREBY ORDERS as follows:
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The deadline for Defendant to file a Reply in support of its Motion to Dismiss the

Second Amended Complaint is continued to February 7, 2018.

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IT IS SO ORDERED.

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February 2
___________________, 2018
______________________________
Honorable William H. Orrick
United States District Judge

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Becerra v. Dr Pepper/Seven Up, Inc., Inc., No. 17-cv-5921-WHO
STIPULATION AND [PROPOSED] ORDER