Jackson v. Balanced Health Products, Inc. et al

Filing 37

ORDER re 36 granting STIPULATION to Extend Time for Defendants to Respond to First Amended Complaint. Signed by Judge Claudia Wilken on 3/23/09. (scc, COURT STAFF) (Filed on 3/23/2009)

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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 Katherine Keating (CA Bar No. 217908) katherine.keating@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; 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 AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #43403 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 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: The parties have an early settlement conference before Magistrate Judge Spero scheduled for April 1 and 2. Currently, the responses to the First Amended Complaint are to be filed on March 23, 2009. In light of the scheduled Settlement Conference, the Parties have stipulated and respectfully request that the Court order responses to be filed no later than April 9, 2009. Dated: March 19, 2009 PINNACLE LAW GROUP, LLP By: /s/ Eric Farber Eric J. Farber Attorneys for Plaintiffs GRADY JACKSON and KELLEY 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/ Katherine Keating Roger R. Myers Adam Brezine Katherine Keating 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 Dated: 3/23/09 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #43403 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), Katherine Keating 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/ Katherine Keating Katherine Keating Attorneys for Vitamin Shoppe Industries, Inc. STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; [PROPOSED] ORDER JACKSON V. BALANCED HEALTH PRODUCTS, INC., ET AL. CASE NO. C 08-05584-CW #43403 v1 saf

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