Jackson v. Balanced Health Products, Inc. et al

Filing 50

ORDER re 49 granting STIPULATION to Continue Hearing Date on Motion of Defendants Vitamin Shoppe Industries, Inc. and General Nutrition Corporation to Dismiss First Amended Complaint. Motion Hearing set for 6/4/2009 02:00 PM.. Signed by Judge Claudia Wilken on 4/21/09. (scc, COURT STAFF) (Filed on 4/21/2009)

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Roger Myers (CA State Bar No. 146164) [e-mail] Adam Brezine (CA State Bar No. 220852) [e-mail] Katherine A. Keating (CA State Bar No. 217908) [e-mail] HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant VITAMIN SHOPPE INDUSTRIES, INC. Sidney Kanazawa (CA State Bar No. 84698) [e-mail] Leslie M. Werlin (CA State Bar No. 67994) [e-mail] MCGUIREWOODS LLP 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GENERAL NUTRITION CORPORATION 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; VITAMIN SHOPPE INDUSTRIES, Inc., a New York Corporation, Defendants.

Case No. C 08-05584-CW STIPULATION AND ORDER TO CONTINUE HEARING DATE ON MOTION OF DEFENDANTS VITAMIN SHOPPE INDUSTRIES, INC. AND GENERAL NUTRITION CORPORATION TO DISMISS FIRST AMENDED COMPLAINT

STIPULATION TO CONTINUE HEARING DATE ON MOTION TO DISMISS; [PROPOSED] ORDER CASE NO. C 08-05584-CW
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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Grady Jackson and Kelley Alexander ("Plaintiffs") and Defendants Balanced Health Products, Inc. ("BHP"), Nikki Haskell, General Nutrition Corporation ("GNC"), and The Vitamin Shoppe Industries, Inc. ("Vitamin Shoppe"), through their respective counsel, as follows: 1. On March 31, 2009, Vitamin Shoppe and GNC filed a Motion to Dismiss

Plaintiffs' First Amended Complaint. The hearing on that motion is currently set for May 14, 2009. 2. On April 14, 2009, Nikki Haskell filed a Motion to Dismiss Plaintiffs' First

Amended Complaint. The hearing on that motion is currently set for June 4, 2009. 3. On April 15, 2009, BHP and Nikki Haskell joined in the Motion of Vitamin

Shoppe and GNC to Dismiss Plaintiffs' First Amended Complaint. 4. In the interest of efficiency, the parties respectfully request that the hearings

on the pending motions be consolidated and that the hearing on the Motion of Vitamin Shoppe and GNC to Dismiss Plaintiffs' First Amended Complaint therefore be continued to June 4, 2009. Any dates for Opposition and Reply shall be calculated according to June 4, 2009, and not the original date of hearing. Dated: April 16, 2009 PINNACLE LAW GROUP, LLP By: /s/ Eric Farber________ Eric J. Farber Attorneys for Plaintiffs GRADY JACKSON and KELLEY ALEXANDER By: /s/ David Gernsbacher David Gernsbacher Attorney 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 Defendant GENERAL NUTRITION CORPORATION

PURSUANT TO STIPULATION, IT IS SO ORDERED: 4/21/09 Dated: _______________ ______________________________ United States District Judge
STIPULATION TO CONTINUE HEARING DATE ON MOTION TO DISMISS; [PROPOSED] ORDER CASE NO. C 08-05584-CW
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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 CONTINUE HEARING DATE ON MOTION TO DISMISS; [PROPOSED] ORDER CASE NO. C 08-05584-CW
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