Miller et al v. Nissan North America, Inc.

Filing 25

ORDER TO CONTINUE RESPONSIVE PLEADING DEADLINES AND CASE MANAGEMENT CONFERENCE IN LIGHT OF AMENDED PLEADING - Case Management Conference and Motion Hearing set for 8/18/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 04/27/2021. (jmdS, COURT STAFF) (Filed on 4/27/2021)

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Abbas Kazerounian (SBN 249203)
[e-mail]
KAZEROUNI LAW GROUP, APC
245 Fischer Ave., Suite D1
Costa Mesa, CA 92626
Tel: [phone] / Fax: [phone]
C. Richard Newsome, admitted pro hac vice
[e-mail]
William C. Ourand, Jr., admitted pro hac vice
[e-mail]
NEWSOME MELTON, PA
201 S. Orange Ave., Suite 1500
Orlando, FL 32801
Tel: [phone]
William F. Cash, III, pro hac vice to be filed
[e-mail]
LEVIN PAPANTONIO RAFFERTY
316 S. Baylen Street
Pensacola, Florida 32502
Tel: [phone]
Attorneys for Plaintiffs
TINISHA MILLER and ROBIN MCCOY
Amir Nassihi (SBN 235936)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
Tel: [phone] | Fax: [phone]
Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TINISHA MILLER and ROBIN MCCOY,
individually and on behalf of those similarly
situated,

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Case No. 3:21-cv-01029-WHO
JOINT STIPULATION AND PROPOSED
ORDER TO CONTINUE RESPONSIVE
PLEADING DEADLINES AND CASE
MANAGEMENT CONFERENCE IN
LIGHT OF AMENDED PLEADING

Plaintiffs,

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v.
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NISSAN NORTH AMERICA, INC.,
Defendant.
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STIPULATION AND PROPOSED ORDER
Case No.: 3:21-cv-01029-WHO
1" = "1" "4829-7662-0775 v1" "" 4829-7662-0775 v1

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Pursuant to Civil Local Rule 6-2 Plaintiffs Tinisha Miller and Robin McCoy (“Plaintiffs”)

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and Defendant Nissan North America, Inc. (“Nissan”) (collectively “the Parties”), by and through

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their respective counsel of record, hereby stipulate as follows:
WHEREAS, the parties have conferred concerning Nissan’s anticipated response to the

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complaint, and its potential challenges;

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WHEREAS, without waiving any claims, defenses, or arguments, Plaintiffs intend to file an
Amended Complaint;

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WHEREAS, without any waiver of substantive claims, arguments, or defenses by either
Plaintiffs or Nissan, both Parties believe allowing Plaintiffs to amend their Complaint in response

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to Nissan’s concerns could save time and resources, and limit the scope of potential motion

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practice;

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WHEREAS, Parties are also separately conferring on a potential motion to compel

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arbitration, and are working together to secure and analyze the relevant agreements for further

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conferrals. Parties agree that, should Nissan move to compel arbitration, parties would confer on a

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reasonable briefing schedule to allow Plaintiffs at least sixty (60) days for their opposition brief,

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and Nissan at least thirty (30) days for its reply.

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WHEREAS, to allow Parties additional time to assess and discuss the amended complaint

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and discuss the issues in this case, Parties also respectfully request that this Court continue the

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Case Management Conference presently scheduled for May 18, 2021 at 2:00 p.m. in Courtroom 2

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to August 18, 2021, in the same department of this Court, or on the next date available for this

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Court.

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NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED by and between the
Parties, through their respective counsel,

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•

Plaintiffs shall file their Amended Complaint on or before May 13, 2021.

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Nissan shall file its Motion to Dismiss the Amended Complaint on or before June

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18, 2021.

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STIPULATION AND PROPOSED ORDER
Case No.: 3:21-cv-01029-WHO
1" = "1" "4829-7662-0775 v1" "" 4829-7662-0775 v1

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•

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Plaintiffs shall have until July 16, 2021 for their opposition to Nissan’s Motion to
Dismiss.

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Nissan would have until July 31, 2021 for its reply brief.

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The hearing on Nissan’s motion to dismiss shall be on August 18, 2021.

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The Initial Case Management Conference in this case is continued from May 18,

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2021 to August 18, 2021.

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Dated: April 27, 2021

KAZEROUNI LAW GROUP, APC
By: Abbas Kazerounian_____
Abbas Kazerounian

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Attorneys for Plaintiffs
TINISHA MILLER and ROBIN MCCOY

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Dated: April 27, 2021

SHOOK HARDY & BACON L.L.P.
By:

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Amir Nassihi
Amir Nassihi

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Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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IT IS SO ORDERED.

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Dated: April 27, 2021

_______________________________________
HONORABLE WILLIAM H. ORRICK

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STIPULATION AND PROPOSED ORDER
Case No.: 3:21-cv-01029-WHO
1" = "1" "4829-7662-0775 v1" "" 4829-7662-0775 v1

SIGNATURE ATTESTATION

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Pursuant to N.D. Cal. L.R. 5-1(i)(3), I, Amir Nassihi, attest that I have obtained authorization

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from the above signatories to file the above-referenced document. I declare under penalty of perjury

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under the laws of the United States of America that the foregoing is true and correct.

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Executed: April 27, 2021

/s/ Amir Nassihi
Amir Nassihi

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STIPULATION AND PROPOSED ORDER
Case No.: 3:21-cv-01029-WHO
1" = "1" "4829-7662-0775 v1" "" 4829-7662-0775 v1