Cabebe v. Nissan of North America, Inc.

Filing 54

ORDER granting 53 Stipulation. Deadlines and hearing reset as to 52 MOTION to Dismiss. Response due by 5/3/2019. Reply due by 5/28/2019. Motion Hearing and Case Management Conference set for 6/12/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Case Management Statement due by 6/5/2019. Signed by Judge William H. Orrick on 04/08/2019. (jmdS, COURT STAFF) (Filed on 4/9/2019)

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1 2 3 4 GREENSTONE LAW APC Mark S. Greenstone (#199606) 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9156 Facsimile: (310) 201-9160 Email: mgreenstone@greenstonelaw.com 5 6 7 8 9 10 11 12 13 GLANCY PRONGAY & MURRAY LLP Lionel Z. Glancy (#134180) Marc L. Godino (#182689) Stan Karas (#222402) Danielle L. Manning (#313272) 1925 Century Park East, Suite 2100 Los Angeles, California 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 Email: info@glancylaw.com Attorneys for Plaintiffs [Additional Counsel Listed on Signature Page] UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 19 20 21 ELISA CABEBE, HILLARY DICK, ISRAEL CHIA, ALEXANDRA MCCULLOUGH, MONTELL JONES, KEVIN BURKE, ARNIKA IRELAND, JEANINE INGRASSIA, SEIJI SILER-HYATTE, LASHANDRIKA WILLIAMS, LAURA WINDOM, and MICHAEL KANZLER, Individually and On Behalf of a Class of Similarly Situated Individuals, Case No. 3:18-cv-00144-WHO JOINT STIPULATION AND ORDER EXTENDING CASE MANAGEMENT CONFERENCE, BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANT’S MOTION TO DISMISS PORTIONS OF PLAINTIFFS’ SECOND AMENDED COMPLAINT 22 Plaintiffs, 23 24 25 v. NISSAN OF NORTH AMERICA, INC. Defendant. 26 27 28 JOINT STIPULATION Case No. 18-cv-00144-WHO 1 1 Pursuant to Local Rule 6-1(b) and 6-2, Plaintiffs Elisa Cabebe, Hillary Dick, Israel Chia, 2 Alexandra McCullough, Montell Jones, Kevin Burke, Arnika Ireland, Jeanine Ingrassia, Seiji Siler- 3 4 Hyatte, Lashandrika Williams, Laura Windom, and Michael Kanzler (“Plaintiffs”) and Defendant Nissan North America, Inc. (“NNA” or “Defendant”) (collectively, the “Parties”), hereby submit 5 6 this Joint Stipulation and [Proposed] Order Extending the Case Management Conference, Briefing 7 Schedule and Hearing Date on Defendant’s Motion to Dismiss Portions of Plaintiffs’ Second 8 Amended Complaint. 9 10 11 WHEREAS Plaintiff Elisa Cabebe filed the within action on January 8, 2018 and served her Complaint on January 24, 2018; WHEREAS, the Court granted two previous stipulated requests extending Defendant’s 12 13 14 responsive pleading deadline (ECF 16 and ECF 20); WHEREAS Defendant filed a Motion to Dismiss on March 7, 2018 (ECF 21); 15 WHEREAS on March 29, 2018 the Court granted the Parties’ Joint Stipulation to extend 16 the deadline for Plaintiff Cabebe to file an Amended Complaint, set a briefing Schedule, and to 17 continue the Case Management Conference (ECF 26); 18 WHEREAS Plaintiff Cabebe filed a First Amended Class Action Complaint on April 19, 19 2018, adding Plaintiffs Dick, Chia, and McCullough (ECF 28); 20 21 22 WHEREAS on May 9, 2018, NNA filed its Motion to Dismiss Portions of Plaintiffs’ First Amended Complaint (ECF 31); 23 WHEREAS on October 26, 2018, while NNA’s motion to dismiss was still pending, the 24 Court approved a Joint Stipulation extending the deadline for Plaintiffs Cabebe, Dick, Chia, and 25 McCullough to file a Second Amended Complaint until 21 Days after the Order on the pending 26 Motion to Dismiss (ECF 44) and later that day granted in part and denied in part Defendant’s 27 28 JOINT STIPULATION Case No. 18-cv-00144-WHO 2 1 Motion to Dismiss (ECF 45) and therein set a deadline of November 15, 2018 for Plaintiffs to file 2 a Second Amended Complaint (“SAC”); 3 WHEREAS on November 9, 2018, in light of Plaintiffs’ representation that Plaintiffs were 4 in the process of adding additional class representatives from multiple states, the Parties filed a 5 6 7 Joint Stipulation Extending the Deadline to File the SAC and Setting a Briefing Schedule Thereto (ECF 46); 8 WHEREAS on January 2, 2019 the Parties filed a Joint Case Management Statement and 9 therein requested further extensions of the briefing schedule related to Plaintiffs’ SAC (ECF 50). 10 The extensions were requested in light of the fact that Plaintiffs’ SAC added class representatives 11 from six additional states, and multiple additional related claims. On January 8, 2019 the Parties 12 13 14 15 attended a further case management conference and thereafter the Court issued a case management order approving the Parties’ requested briefing schedule (ECF 51); WHEREAS counsel for the Parties have commitments in this matter on the East Coast 16 during the week of April 15, 2019 (the week Plaintiffs’ Opposition brief is due). 17 accompanying Declaration of Mark S. Greenstone (“Greenstone Dec.”), ¶ 2. In addition, since 18 See the time that Defendant filed its pending Motion to Dismiss, two of Plaintiffs’ attorneys have 19 experienced health-related issues that have required them to be out of the office intermittently. 20 21 Id. In light of the foregoing and the complexity of the issues raised by Defendant’s pending 22 Motion to Dismiss, the Parties agree that a brief two-week extension of the briefing schedule and 23 hearing date is merited. Id. 24 WHEREAS no previous continuances have been sought other than those described herein; 25 WHEREAS the continuance sought herein will not impact any other case deadlines. 26 Greenstone Decl., at ¶ 3; 27 IT IS HEREBY STIPULATED AND AGREED, subject to Court approval, as follows: 28 JOINT STIPULATION Case No. 18-cv-00144-WHO 3 1 2 3 1. The April 19, 2019 deadline for Plaintiffs’ Opposition to Defendants’ Motion to Dismiss Portions of Plaintiffs’ Second Amended Complaint shall be continued until May 3, 2019. 2. The May 13, 2019 deadline for Defendant’s Reply in support of its Motion to 4 Dismiss shall be continued until May 28, 2019. 5 6 3. The May 29, 2019 Case Management Conference and hearing on Defendant’s 7 Motion to Dismiss shall each be continued to June 12, 2019 at 2:00 p.m. or a date thereafter as set 8 by the Court. 9 IT IS SO STIPULATED. 10 Dated: April 8, 2019 GREENSTONE LAW APC 11 12 By: /s/ Mark S. Greenstone Mark S. Greenstone 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9156 Facsimile: (310) 201-9160 mgreenstone@greenstonelaw.com 13 14 15 16 GLANCY PRONGAY & MURRAY LLP 17 18 By: /s/ Marc L. Godino Lionel Z. Glancy Marc L. Godino Stan Karas Danielle L. Manning 19 20 21 Attorneys for Plaintiffs 22 23 24 25 26 27 28 Dated: April 8, 2019 DRINKER BIDDLE & REATH LLP By: /s/ Adam J. Thurston Adam J. Thurston Zoe K. Wilhelm Matthew J. Adler E. Paul Cauley Jr. (pro hac vice) Attorneys for Defendant NISSAN NORTH AMERICA, INC. JOINT STIPULATION Case No. 18-cv-00144-WHO 4 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED: The May 29, 2019 Case Management Conference and hearing on Defendant’s Motion to Dismiss shall each be continued to June 12, 2019 at 2:00 p.m. 3 4 5 6 Dated: April 9, 2019 HON. WILLIAM H. ORRICK UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION Case No. 18-cv-00144-WHO 5 1 ATTESTATION 2 I, Mark S. Greenstone, am the ECF User whose identification and password are being used 3 to file this document. In compliance with Local Rule 5-1(i)(3), I hereby attest that Counsel for 4 Defendant concur in this filing. 5 6 DATED: April 8, 2019 /s/ Mark S. Greenstone MARK S. GREENSTONE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION ATTESTATION Case No. 18-cv-00144-WHO 1

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