Gordon et al v. Church & Dwight Co., Inc.

Filing 32

STIPULATION AND ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND AND DEFENDANTS' MOTION TO DISMISS AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE re 29 Stipulation, filed by Church & Dwight Co., Inc.. Signed by Judge Phyllis J. Hamilton on 2/9/10. (nah, COURT STAFF) (Filed on 2/9/2010)

1 Nancy Sher Cohen (Bar No. 81706) 2 Ronald A. Valenzuela (Bar No. 210025) 3 [e-mail]

[e-mail]

PROSKAUER LLP 4 2049 Century Park East, 32nd Floor Los Angeles, CA 90067-3206 5 Telephone: [phone] Facsimile: [phone]
6 7 Lawrence I. Weinstein* 8 Baldassare Vinit*

Richard M. Goldstein* Michael T. Mervis* PROSKAUER LLP

9 1585 Broadway 10 New York, NY 10036-8299 11 Facsimile: 12

Telephone:

[phone] [phone] * Admitted pro hac vice Attorneys for Defendant

13 Church & Dwight Co., Inc. 14 15 16 17

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No.: 09-cv-05585-PJH STIPULATION RE CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND AND DEFENDANTS' MOTION TO DISMISS AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON and DOES 1-100,

18 ROBERT GORDON, MELE LAU-SMITH, 19 20 21 22

PLAINTIFFS, v. CHURCH & DWIGHT CO., INC.; and DEFENDANTS.

23 ROES 1-100, 24 25 26 27 28

WHEREAS, on or about October 30, 2009, Plaintiffs Robert Gordon and Mele Lau-Smith filed a complaint against Defendant Church & Dwight Co., Inc. ("Church
STIPULATION RE CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND AND DEFENDANTS' MOTION TO DISMISS AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND PROPOSED ORDER THEREON, CASE NO. 09-CV-05585-PJH

1 & Dwight") in the Superior Court of California, In and For The County of San 2 Francisco, and service of the Complaint was effected on November 24, 2009; 3 5 2009; 6

WHEREAS, Church & Dwight removed this action from state court to the

4 United States District Court for the Northern District of California on November 24,

WHEREAS, on December 9, 2009, the parties stipulated to a brief extension of

7 the deadline for Church & Dwight to respond to the complaint, and there have been 8 no other time modifications in this case; 9

WHEREAS, on December 24, 2009, Plaintiffs filed a motion to remand this

10 case to state court ("Motion to Remand"), Church & Dwight filed its Opposition on 11 January 27, 2010, to that motion and Plaintiffs' reply brief must be filed and served 12 on or before February 3, 2010; 13

WHEREAS, on January 13, 2010, Church & Dwight filed a motion to dismiss

14 this case pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Motion to Dismiss"), 15 Plaintiffs filed their Opposition to that motion on January 27, 2010, and Church & 16 Dwight's reply brief must be filed and served on or before February 3, 2010; 17

WHEREAS, Plaintiffs' Motion to Remand and Church & Dwight's Motion to

18 Dismiss are currently scheduled to be heard by this Court at 9:00 a.m. on February 19 17, 2010; 20

WHEREAS, counsel for Church & Dwight, Baldassare Vinti, who is

21 responsible for the day-to-day management of this case and played a significant role 22 in briefing the Motion to Dismiss and opposition to the Motion to Remand, must tend 23 to his spouse as she recuperates from surgery that is scheduled for this week; 24

WHEREAS, Church & Dwight has relied upon Baldassare Vinti to prepare and

25 implement its defense in this lawsuit and requests that Mr. Vinti assist in the 26 preparation for oral argument of the pending motions; 27

WHEREAS, the Court's clerk has advised that the next available dates the
STIPULATION RE CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND AND DEFENDANTS' MOTION TO DISMISS AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND PROPOSED ORDER THEREON, CASE NO. 09-CV-05585-PJH

28 Court can hear the pending motions are March 17, 24, or 31, 2010; 2

1

WHEREAS, the Court, by order dated November 24, 2009, scheduled the WHEREAS, the Proskauer partners' retreat is scheduled for March 4, 2010; WHEREAS, counsel for the parties met and conferred by telephone on January

2 Initial Case Management Conference in this matter for March 4, 2010; 3 4

5 29, and February 3, 2010, during which counsel for Church & Dwight asked 6 Plaintiffs to join Church & Dwight in requesting a reasonable continuance of the 7 hearing on the pending Motion to Remand and Motion to Dismiss and a continuance 8 of the Initial Case Management Conference to permit counsel for Church & Dwight 9 to attend to personal needs and other professional commitments, and Plaintiffs agreed 10 to join Church & Dwight in seeking a continuance; 11

WHEREAS, no trial date has been set, nor any order issued setting a pretrial or

12 discovery schedule for this case, and thus a brief continuance of the hearing on the 13 pending Motion to Remand and Motion to Dismiss and a continuance of the Initial 14 Case Management Conference will not affect any pretrial or trial deadlines or 15 schedules set in this case; 16

NOW, THEREFORE, PLAINTIFFS AND DEFENDANT HEREBY

17 STIPULATE AND REQUEST that the hearing on Plaintiffs' Motion to Remand and 18 Church & Dwight's Motion to Dismiss, and the Initial Case Management Conference 19 (along with all corresponding Fed. R. Civ. P. 16 and 26(f) dates accordingly) be 20 continued from February 17, 2010 and March 4, 2010, respectively, to March 24, 21 2010, or as soon thereafter as the matters can be heard by this Court. 22 Dated: February 3, 2010 23 24 25 26 27 28

Proskauer LLP By _________/S/___________________________ Nancy Sher Cohen Attorneys for Defendant Church & Dwight Co., Inc.
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STIPULATION RE CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND AND DEFENDANTS' MOTION TO DISMISS AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND PROPOSED ORDER THEREON, CASE NO. 09-CV-05585-PJH

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