Jackson v. Balanced Health Products, Inc. et al

Filing 33

ORDER re 32 granting STIPULATION Setting Date for Response to Amended Complaint and Continuing Case Management Conference to Accommodate Early Mediation. Initial Case Management Conference set for 4/28/2009 02:00 PM.. Signed by Judge Claudia Wilken on 3/10/09. (scc, COURT STAFF) (Filed on 3/10/2009)

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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 and KELLEY ALEXANDER, in their 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; and VITAMIN SHOPPE INDUSTRIES, Inc. a New York Corporation, inclusive, Defendants. Case No. C 08-05584-CW STIPULATION SETTING DATE FOR RESPONSE TO AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE TO ACCOMMODATE EARLY MEDIATION; ORDER STIPULATION RE: RESPONSE AND CMC CONTINUANCE; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #43095 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 WHEREAS: A. The parties have agreed to participate in an early mediation before Magistrate Judge Spero on April 1, 2009 (and possibly April 2, 2009, if necessary), and this Court approved the parties' stipulation on March 9, 2009; and B. C. Plaintiffs filed an Amended Complaint on March 2, 2009; and The initial Case Management Conference in this case is currently set for March 24, 2009, before the scheduled mediation. It is HEREBY STIPULATED AND AGREED by and between Plaintiffs Grady Jackson and Kelley Alexander ("Plaintiffs") 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. The deadline for Defendants to answer or otherwise respond to Plaintiffs' Amended Complaint shall be Monday, March 23, 2009. 2. The initial Case Management Conference in this case is continued to Tuesday, April 28, 2009, at 2:00 p.m., and all related deadlines are continued accordingly. Dated: March 9, 2009 PINNACLE LAW GROUP, LLP By: /s/ Eric Farber Eric J. Farber Attorneys for Plaintiffs GRADY JACKSON and KELLY ALEXANDER 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. STIPULATION RE: RESPONSE AND CMC CONTINUANCE; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #43095 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 PURSUANT TO STIPULATION, IT IS SO ORDERED: United States District Judge 3/10/09 Dated: _______________ 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 RE: RESPONSE AND CMC CONTINUANCE; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #43095 v1 saf

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