Jackson v. Balanced Health Products, Inc. et al

Filing 80

ORDER re 79 granting STIPULATION TO CONTINUE REPLY AND SUBMISSION OF HASKELL'S MOTION TO DISMISS SECOND AMENDED COMPLAINT. Signed by Judge Claudia Wilken on 9/1/09. (scc, COURT STAFF) (Filed on 9/1/2009)

1 DAVID L. GERNSBACHER (SBN 89596) 9107 Wilshire Boulevard, Suite 450 2 Beverly Hills, CA 90210 TEL: [phone] FAX: [phone] [e-mail] Attorney for Defendants Balanced 5 Health Products, Inc. and Nikki Haskell 6 7 8 9 10 11 GRADY JACKSON and KELLEY 12 ALEXANDER, in their representative capacity pursuant to Cal. Bus. & Prof. Code 13 §§17203, 17535 and Cal. Code Civ. Pro.§§ 382, 1021.5, 14 15 16 vs. Plaintiffs, CASE NO. C08-05584-CW [Assigned to the Hon. Claudia Wilken] STIPULATION TO CONTINUE REPLY AND SUBMISSION OF DEFENDANT NIKKI HASKELL'S MOTION TO DISMISS SECOND AMENDED COMPLAINT; ORDER [LOCAL RULE 6-1(A)] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

17 BALANCED HEALTH PRODUCTS, INC., a Delaware Corporation, NIKKI HASKELL, an 18 individual, GENERAL NUTRITION 19 CORPORATION, a Pennsylvania Corporation, GENERAL NUTRITION CENTERS, INC., a 20 Pennsylvania Corporation; VITAMIN SHOPPE INDUSTRIES, Inc. a New York Corporation; 21 and, DOES 1-50, inclusive, 22 23 24 Defendants.

IT IS HEREBY STIPULATED by and between the parties, Plaintiffs Grady Jackson and

25 Kelley Alexander and Defendant Nikki Haskell, through their respective counsel, pursuant to 26 Local Rule 6-1(a), with reference to the following facts: 27 1. By Clerk's Notice dated August 18, 2009, the Clerk gave notice to the parties that, on

28 its own motion, this Court ordered that (a) Defendant Nikki Haskell's Motion to Dismiss Second 1
STIPULATION TO CONTINUE REPLY & SUBMISSION OF MOTION TO DISMISS CASE NO. C08-05584-CW

1 Amended Complaint would be taken under submission on the papers and that the hearing, 2 previously scheduled for September 10, 2009, was vacated, (b) Opposition to the motion would be 3 due August 20, 2009 and (c) any Reply would be due August 27, 2009; 4 2. On August 26, 2009, at a Further Settlement Conference in this matter held before the

5 Honorable Joseph C. Spero, the parties reached an agreement in principal to settle the entire case; 6 3. The proposed settlement is currently being documented, a process that will likely take

7 a few weeks to complete; 8 4. Judge Spero has issued an order for a Further Settlement Conference set on October 1,

9 2009, if necessary, to ensure that the settlement documenting process proceed and are completed; 10 5. In light of the foregoing, and in the very unlikely event that the matter does not settle,

11 Plaintiffs and Defendant Haskell wish to continue the date for her Reply and, thus, for this Court 12 to thereafter take under submission Defendant Haskell's Motion to Dismiss the Second Amended 13 Complaint thereafter, to October 8, 2009. 14 IT IS THEREFORE STIPULATED that Defendant Nikki Haskell shall have up to and

15 including October 8, 2009 to file a Reply to Plaintiffs' Opposition to Defendant Haskell's Motion 16 to Dismiss Second Amended Complaint and that the Court will thereafter take the matter under 17 submission on the papers. 18 Dated: August 27, 2009 19 20 21 Dated: August 27, 2009 22 23 24 25 26 Dated: August 27, 2009 27 28 2
STIPULATION TO CONTINUE REPLY & SUBMISSION OF MOTION TO DISMISS CASE NO. C08-05584-CW

FARBER & COMPANY ATTORNEYS By: /s/ Eric J. Farber ___ ___ Eric J. Farber Attorneys for Plaintiffs Grady Jackson and Kelley Alexander PINNACLE LAW GROUP, LLP By: /s/ Andrew A. August ___ Andrew A. August Attorneys for Plaintiffs Grady Jackson and Kelley Alexander

/s/ David l. Gernsbacher____ David L. Gernsbacher, Attorney for Defendants Balanced Health Products, Inc. and Nikki Haskell

1 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 2 3 ______________________________________ 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
STIPULATION TO CONTINUE REPLY & SUBMISSION OF MOTION TO DISMISS CASE NO. C08-05584-CW

9/1/09 Dated: ____________________

ATTESTATION OF CONCURRENCE IN FILING Pursuant to N.D. Cal. General Order No. 45, section 45 X(B), David L. Gernsbacher hereby attests that concurrence in the filing of this stipulation and proposed order has been obtained from counsel for the non-filing parties. /s/ David l. Gernsbacher____ David L. Gernsbacher, Attorney for Defendants Balanced Health Products, Inc. and Nikki Haskell

1 2 3 4

PROOF OF SERVICE I am over the age of 18 and not a party to the within action. My business address is 9107 Wilshire Blvd., Suite 450, Beverly Hills, CA 90210.

On August 27, 2009, I served the document described as STIPULATION TO CONTINUE REPLY AND SUBMISSION OF DEFENDANT NIKKI HASKELL'S MOTION TO 5 DISMISS SECOND AMENDED COMPLAINT; ORDER through the Notice of Electronic Filing ("ECF") for parties and counsel, all of whom are registered ECF Users: 6 Andrew A. August Sidney K. Kanazawa 7 [e-mail] [e-mail] PINNACLE LAW GROUP LLP MCGUIRE WOODS LLP 8 425 California Street, Suite 1800 1800 Century Park East, 8th Floor Los Angeles, CA 90067 9 San Francisco, California 94104 Attorneys for Plaintiffs Grady Jackson and Attorneys for General Nutrition Corporation 10 Kelly Alexander and General Nutrition Centers, Inc. 11 Eric J. Farber 12 [e-mail] Farber & Company Attorneys 13 The Rotunda Building 300 Frank H. Ogawa Plaza, Suite 370 14 Oakland, California 94612 Attorneys for Plaintiffs Grady Jackson and 15 Kelly Alexander 16 Roger Myers [e-mail] HOLME, ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105 Attorneys for Vitamin Shoppe Industries, Inc.

I declare under penalty of perjury under the laws of the United States of America, that the 17 foregoing is true and correct. 18 19 20 21 22 23 24 25 26 27 28 4
STIPULATION TO CONTINUE REPLY & SUBMISSION OF MOTION TO DISMISS CASE NO. C08-05584-CW

Executed on August 27, 2009, at Beverly Hills, California.

/s/ David L. Gernsbacher David L. Gernsbacher