KUTZA v. WILLIAMS-SONOMA INC

Filing 25

STIPULATION AND ORDER RE 24 EXTENDING BRIEFING DEADLINES AND CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/18/2018. Initial Case Management Conference previously set for 9/20/2018 has been continued to 10/25/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor. Signed by Judge Richard Seeborg on 8/17/18. (cl, COURT STAFF) (Filed on 8/17/2018)

1 James A. Morris, Esq. (CSBN 296852)
[e-mail]
2 Shane A. Greenberg, Esq. (CSBN 210932)
[e-mail]
3 MORRIS LAW FIRM
4111 W. Alameda Avenue, Suite 611
4 Burbank, CA 91505
Tel: [phone]
5 Fax: [phone]

Adam M. Goffstein
GOFFSTEIN LAW, LLC
7777 Bonhomme, Suite 1910
St. Louis, Missouri 63105
Phone: [phone]
Fax: [phone]
[e-mail]
(admitted Pro Hac Vice)

6 Daniel J. Orlowsky
ORLOWSKY LAW, LLC
7 7777 Bonhomme, Suite 1910
St. Louis, Missouri 63105
8 Phone: [phone]
Fax; [phone]
9 [e-mail]
(admitted Pro Hac Vice)
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Attorneys for Plaintiff
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SHEPPARD MULLIN RICHTER & HAMPTON LLP
12 P. CRAIG CARDON, Cal. Bar No. 168646
BENJAMIN O. AIGBOBOH, Cal. Bar No. 268531
13 ALYSSA M. SHAUER, Cal. Bar No. 318359
1901 Avenue of the Stars, Suite 1600
14 Los Angeles, California 90067-6055
Telephone:
310.228.3700
15 Facsimile:
310.228.3701
E mail
[e-mail]
16
[e-mail]
[e-mail]
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Attorneys for Defendant
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19

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

21 BRIAN KUTZA on behalf of himself and all
others similarly situated,
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Plaintiff,
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v.
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WILLIAMS-SONOMA, INC.,
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Defendant.
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Case No. 3:18-cv-03534-KAW RS
STIPULATION AND [PROPOSED]
ORDER EXTENDING BRIEFING
DEADLINES AND CONTINUING CASE
MANAGEMENT CONFERENCE
[L.R. 6-2]

Complaint Filed:
Trial Date:

June 13, 2018
None Set

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Case No. 3:18-cv-03534-KAW
STIPULATION & [PROPOSED] ORDER EXTENDING DEADLINES & CONTINUING CONFERENCE

1 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
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Pursuant to Local Rule 6-2, Plaintiff Brian Kutza (“Plaintiff”) and Defendant Williams-

3 Sonoma, Inc. (“Defendant”), by and through their respective counsel, stipulate as follows:
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RECITALS
1.

WHEREAS, Plaintiff filed the Class Action Complaint (the “Complaint”) against

6 Defendant on June 13, 2018 (Dkt. 1);
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2.

WHEREAS, the Court issued the Summons in a Civil Action (the “Summons”) to

8 Defendant on June 14, 2018 (Dkt. 5);
9

3.

WHEREAS, the Court issued the Order Setting Initial Case Management

10 Conference and ADR Deadlines (the “Case Management Order”) on June 14, 2018, setting the
11 Initial Case Management Conference for September 11, 2018, the deadline to meet and confer re:
12 initial disclosures, early settlement, ADR process selection, and discovery plan and to file an ADR
13 certification as August 21, 2018, and the deadline to submit a case management statement as
14 September 4, 2018 (Dkt. 3);
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4.

WHEREAS, Plaintiff served the Complaint, Summons, and Case Management

16 Order on Defendant on June 15, 2018;
17

5.

WHEREAS, Defendant requested additional time to respond to the Complaint and,

18 following a meet and confer, on July 2, 2018, the parties stipulated, pursuant to Local Rule 6-1(a),
19 to extend Defendant’s deadline to respond to the Complaint by thirty (30) days from July 6, 2018
20 to August 6, 2018 (Dkt. 6);
21

6.

WHEREAS, the Court issued the Clerk’s Note Re Reassigned Case on July 3,

22 2018, resetting the deadline for the Case Management Statement as September 13, 2018, and
23 resetting the Initial Case Management Conference for September 20, 2018 (Dkt. 11);
24

7.

WHEREAS, Defendant filed its Notice of Motion and Motion to Dismiss Class

25 Action Complaint (the “Motion”) on August 6, 2018 setting the hearing for September 20, 2018 at
26 1:30 p.m. (Dkt. 16);
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Case No. 3:18-cv-03534-KAW
STIPULATION & [PROPOSED] ORDER EXTENDING DEADLINES & CONTINUING CONFERENCE

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8.

WHEREAS, the current deadline for Plaintiff to file an opposition to the Motion is

2 August 20, 2018, and the current deadline for Defendant to file a reply in support of the Motion is
3 August 27, 2018;
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9.

WHEREAS, Plaintiff requested additional time to file his opposition to the Motion

5 to fully brief the issues raised therein and, following a meet and confer, the parties have agreed to
6 extend Plaintiff’s opposition deadline and Defendant’s reply deadline, and to continue the hearing
7 on the Motion and the Case Management Conference (and correspondingly extend the deadline to
8 file the Case Management Statement) to accommodate the new briefing schedule and the Court’s
9 schedule, as follows:
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(a)

Opposition Deadline:

September 4, 2018

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(b)

Reply Deadline:

September 24, 2018

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(c)

Case Management Statement Deadline:

October 18, 2018

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(c)

Hearing:

October 25, 2018 at 1:30 PM

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(d)

Case Management Conference:

October 25, 2018 at 1:30 PM

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10.

WHEREAS, the parties seek no other modifications to the schedule;

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11.

NOW, THEREFORE, pursuant to Local Rule 6-2, the parties hereby stipulate and

17 request that the Court enter an order setting the following Motion and case management schedule,
18 if acceptable to the Court:
19

(a)

Opposition Deadline:

September 4, 2018

20

(b)

Reply Deadline:

September 24, 2018

21

(c)

Case Management Statement Deadline:

October 18, 2018

22

(c)

Hearing:

October 25, 2018 at 1:30 PM

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(d)

Case Management Conference:

October 25, 2018 at 1:30 PM

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12.

WHEREAS, pursuant to Local Rule 5-1(i)(3), by her signature below, Shane A.

25 Greenberg, attests that concurrence in the filing of this document has been obtained from each of
26 the signatories listed below.
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IT IS SO STIPULATED AND AGREED.

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Case No. 3:18-cv-03534-KAW
STIPULATION & [PROPOSED] ORDER EXTENDING DEADLINES & CONTINUING CONFERENCE

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MORRIS LAW FIRM

1
2
3 Dated: August 17, 2018

By

/s/ Shane A. Greenberg
JAMES A. MORRIS
SHANE A. GREENBERG

4
5

Attorneys for Plaintiff

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7
ORLOWSKY LAW

8

LLC

By

/s/ Daniel J. Orlowsky
DANIEL J. ORLOWSKY

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10

Dated: August 17, 2018

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Attorney for Plaintiff

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13

GOFFSTEIN LAW LLC

14
15 Dated: August 17, 2018

By

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/s/ Adam M. Goffstein
ADAM M. GOFFSTEIN

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Attorney for Plaintiff

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SHEPPARD MULLIN RICHTER & HAMPTON LLP
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20

Dated: August 17, 2018

By

/s/ Benjamin O. Aigboboh
P. CRAIG CARDON
BENJAMIN O. AIGBOBOH
ALYSSA M. SHAUER

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Attorneys for Defendant

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STIPULATION & [PROPOSED] ORDER EXTENDING DEADLINES & CONTINUING CONFERENCE

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[PROPOSED] ORDER
Pursuant to the foregoing stipulation, IT IS HEREBY ORDERED that: (1) the hearing on

3 the motion to dismiss and the case management conference is continued from September 20, 2018 to
4
5

October 25, 2018 at 1:30 P.M.; and (2) Plaintiff’s opposition to the motion to dismiss is due by
September 4, 2018 and Defendant’s reply is due by September 24, 2018; and, (3) the case

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7
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management statement is due by October 18, 2018.
IT IS SO ORDERED.

9
10 DATE: 8/17/18
11

________________________________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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Case No. 3:18-cv-03534-KAW
STIPULATION & [PROPOSED] ORDER EXTENDING DEADLINES & CONTINUING CONFERENCE

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