Jackson v. Balanced Health Products, Inc. et al

Filing 25

ORDER re 24 granting STIPULATION Allowing Plaintiff to File Amended Complaint And Setting Date For Response. Signed by Judge Claudia Wilken on 2/24/09. (scc, COURT STAFF) (Filed on 2/24/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Roger R. Myers (CA Bar No. 146164) roger.myers@hro.com Adam Brezine (CA Bar No. 220852) adam.brezine@hro.com HOLME ROBERTS & OWEN LLP 560 Mission St., 25th Floor San Francisco, CA 94105 415-268-2000 415-268-1999 (fax) Attorneys for Defendant VITAMIN SHOPPE INDUSTRIES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION GRADY JACKSON, in his representative capacity pursuant to Cal. Bus. & Prof. Code §§17203, 17535 and Cal. Code Civ. Pro.§§ 382, 1021.5, Plaintiffs, vs. BALANCED HEALTH PRODUCTS, INC., a Delaware Corporation, NIKKI HASKELL, an individual, GENERAL NUTRITION CORPORATION, a Pennsylvania Corporation, GENERAL NUTRITION CENTERS, INC., a Pennsylvania Corporation; GREAT EARTH COMPANIES INC., a Delaware Corporation; VITAMIN SHOPPE INDUSTRIES, Inc. a New York Corporation; and, DOES 1-50, inclusive, Defendants. Case No. C 08-05584-CW STIPULATION ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT AND SETTING DATE FOR RESPONSE; ORDER STIPULATION ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #42651 v1 saf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Grady Jackson ("Plaintiff") and Defendants Balanced Health Products, Inc., Nikki Haskell, General Nutrition Corporation, General Nutrition Centers, Inc., and The Vitamin Shoppe Industries, Inc. (collectively, "Defendants"), through their respective counsel, as follows: 1. Pursuant to Fed. R. Civ. P. 15(a)(2), the Defendants agree that Plaintiff shall be permitted to file an Amended Complaint on or before February 27, 2009. 2. The deadline for Defendants to answer or otherwise respond to Plaintiff's Amended Complaint shall be March 13, 2009. Dated: February 20, 2009 PINNACLE LAW GROUP, LLP By: /s/ Eric Farber Eric J. Farber Attorneys for Plaintiff GRADY JACKSON Special Appearance: By: /s/ David Gernsbacher David Gernsbacher (Application for Admission Pending) Specially Appearing for Defendants BALANCED HEALTH PRODUCTS, INC. and NIKKI HASKELL HOLME, ROBERTS & OWEN LLP By: /s/ Adam Brezine Roger R. Myers Adam Brezine Attorneys for Defendant VITAMIN SHOPPE INDUSTRIES, INC. MCGUIRE WOODS LLP By: /s/ Sidney Kanazawa Sidney K. Kanazawa Attorneys for Defendants GENERAL NUTRITION CORPORATION and GENERAL NUTRITION CENTERS, INC. PURSUANT TO STIPULATION, IT IS SO ORDERED: United States District Judge 2/24/09 Dated: _______________ STIPULATION ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #42651 v1 saf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTESTATION OF CONCURRENCE IN FILING Pursuant to N.D. Cal. General Order No. 45, section 45 X(B), Adam Brezine hereby attests that concurrence in the filing of this stipulation and proposed order has been obtained from Counsel for the non-filing parties. HOLME ROBERTS & OWEN LLP By: /s/ Adam Brezine Adam Brezine Attorneys for Vitamin Shoppe Industries, Inc. STIPULATION ALLOWING PLAINTIFF TO FILE AMENDED COMPLAINT; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #42651 v1 saf

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