Jackson v. Balanced Health Products, Inc. et al

Filing 83

ORDER re 82 granting STIPULATION. Signed by Judge Claudia Wilken on 10/21/09. (scc, COURT STAFF) (Filed on 10/21/2009)

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 GRADY JACKSON and KELLEY ALEXANDER, in their representative 11 capacity pursuant to Cal. Bus. & Prof. Code 12 §§17203, 17535 and Cal. Code Civ. Pro.§§ 382, 1021.5, 13 Plaintiffs, 14 vs. 15 16 BALANCED HEALTH PRODUCTS, INC., a Delaware Corporation, NIKKI HASKELL, an 17 individual, GENERAL NUTRITION CORPORATION, a Pennsylvania 18 Corporation, and VITAMIN SHOPPE INDUSTRIES, INC., a New York 19 Corporation, inclusive, 20 21 22 IT IS HEREBY STIPULATED by and between the parties, Plaintiffs Grady Jackson and Defendants. 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

23 Kelley Alexander and Defendant Nikki Haskell, through their respective counsel, pursuant to 24 Local Rule 6-1(a), with reference to the following facts: 25 1. By Clerk's Notice dated August 18, 2009, the Clerk gave notice to the parties that, on

26 its own motion, this Court ordered that (a) Defendant Nikki Haskell's Motion to Dismiss Second 27 Amended Complaint would be taken under submission on the papers and that the hearing, previously 28 scheduled for September 10, 2009, was vacated, (b) Opposition to the motion would be due August 1
STIPULATION TO CONTINUE REPLY & SUBMISSION OF MOTION TO DISMISS CASE NO. C08-05584-CW

1 20, 2009 and (c) any Reply would be due August 27, 2009; 2 2. By Stipulation and Order, the date for a Reply to Plaint8iffs' Opposition was

3 continued to October 8, 2009; 4 3. A proposed settlement of the entire case is currently being documented, a process that

5 will likely take a few more weeks to complete; 6 4. In light of the foregoing, and in the very unlikely event that the matter does not settle,

7 Plaintiffs and Defendant Haskell wish to continue the date for her Reply and, thus, for this Court 8 to thereafter take under submission Defendant Haskell's Motion to Dismiss the Second Amended 9 Complaint thereafter, to November 16, 2009. 10 IT IS THEREFORE STIPULATED that Defendant Nikki Haskell shall have up to and

11 including November 16, 2009 to file a Reply to Plaintiffs' Opposition to Defendant Haskell's 12 Motion to Dismiss Second Amended Complaint and that the Court will thereafter take the matter 13 under submission on the papers. 14 Dated: October 15, 2009 15 16 17 18 19 20 21 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 22 23 ______________________________________ 24 United States District Judge 25 26 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

Dated: October 15, 2009

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

10/21/09 Dated: ____________________

1 2

ATTESTATION OF CONCURRENCE IN FILING Pursuant to N.D. Cal. General Order No. 45, section 45 X(B), David L. Gernsbacher

3 hereby attests that concurrence in the filing of this stipulation and proposed order has been 4 obtained from counsel for the non-filing parties. 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

/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 October 15, 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 Sidney K. Kanazawa Andrew A. August 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 October 15, 2009, at Beverly Hills, California.

/s/ David l. Gernsbacher____ David L. Gernsbacher