Roberts et al v. C.R. England, Inc. et al

Filing 20

ORDER Granting 19 JOINT STIPULATION PURSUANT TO CIVIL L.R. 6.2(b) SETTING BRIEFING SCHEDULE REGARDING DEFENDANTS 18 MOTION TO DISMISS FILED ON AUGUST 10, 2011. Responses due by 8/26/2011. Replies due by 9/8/2011. Signed by Judge Claudia Wilken on 8/11/2011. (ndr, COURT STAFF) (Filed on 8/11/2011)

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Drew R. Hansen (State Bar No. 218382)
[e-mail]
Suzanne Cate Jones (State BarNo. 157496)
[e-mail]
Walter Pella (State Bar No. 247469)
[e-mail]
THEODORA ORINGHER PC
535 Anton Boulevard, Ninth Floor
Costa Mesa, California 92626-7109
Telephone: [phone]
Facsimile: [phone]

7 Attorneys for Defendants, c.R. ENGLAND,

INC., OPPORTUNITY LEASING, INC., and
HORIZON TRUCK SALES AND LEASING,
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LLC.

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Robert S. Boulter (State Bar No. 153549)
[e-mail]
Peter C. Lagarias (State Bar No. 77091)
[e-mail]
LAGARIAS & BOULTER L.L.P.
1629 Fifth Avenue
San Rafael, California 94901-1828
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs CHARLES ROBERTS
and KENNETH MCKAY
UNITED STATES DISTRICT

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NORTHERN

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DISTRICT

OF CALIFORNIA

JOINT STIPULATION AND [PROPOSED]
ORDER PURSUANT TO CIVIL L.R.
6.2(b) SETTING BRIEFING SCHEDULE
REGARDING DEFENDANTS' MOTION
TO DISMISS FILED ON AUGUST 10,
2011

Plaintiff,
vs.

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- OAKLAND DIVISION

Case No. CV 11-02586 CW
Honorable Claudia Wilken

CHARLES ROBERTS, an individual, and
KENNETH MCKAY, an individual, on behalf
of themselves and others similarly situated,

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COURT

c.n. ENGLAND,

INC., a Utah corporation;
OPPORTUNITY LEASING, INC., a Utah
corporation; and HORIZON TRUCK SALES
AND LEASING, LLC., a Utah Limited
Liability Corporation,

Date Action Filed:

May 27,2011

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Defendants.

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852507.1181034.05003

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STIPULATION SETTING BRIEFING SCHEDULE REGARDING DEFENDANTS'
MOTION TO DISMISS

CV 11-02586 CW
CONSOLIDATED

RECITALS

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1. This stipulation is entered into by and between Plaintiffs CHARLES ROBERTS
and KENNETH MCKAY ("Plaintiffs") and Defendants

c.n. ENGLAND,

INC., OPPORTUNITY

4 LEASING, INC., and HORIZON TRUCK SALES AND LEASING, LLC ("Defendants")
5 (Defendants and Plaintiffs are referred to collectively hereafter as the "Parties").
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2. Plaintiffs filed the original Complaint in this action on or about May 27, 2011.

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3. Before Defendants were required to respond to the original Complaint, Plaintiffs

8 voluntarily filed a First Amended Complaint ("FAC") on June 14,2011.
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4. Plaintiffs served the FAC on Defendants on or about June 22,2011.
5. Pursuant to the Parties' requests to accommodate counsels' summer vacation and

11 work schedules, the Court considerately entered an order on June 29, 2011 giving Defendants until
12 July 29, 2011 to answer or otherwise respond to the FAC, Plaintiffs until August 26, 2011 to
13 oppose, and Defendants until September 8 to reply.
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6. Defendants thereafter filed a motion to dismiss and motion to transfer venue on

15 July 29,2011.
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7. On August 9, 2011, this Court issued an order denying without prejudice the two

17 motions Defendants filed on July 29, 2011. The Court further stated that Defendants could re-file

18 the motion as a single consolidated motion not to exceed 25 pages.
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8. On August 10,2011, Defendants filed a consolidated motion as permitted by the

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Court and the Court reset deadlines under Local Rule 7-3, and evidently vacated the previous

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briefing dates under the Order of June 29, 2011.

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9. The Parties respectfully ask the Court to reset the briefing schedule to that found
its June 29, 2011 Order.

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10. As support for this request, the Parties note that Plaintiffs' lead counsel has relied

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for multiple weeks on the fact that the opposition papers would not be due until August 26,2011

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and has planned his schedule accordingly.

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extension for Plaintiffs to file their opposition (i.e., from August 24,2011 to August 26,2011).

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The Parties therefore respectfully request a short

11. Similarly, Defendants' lead counsel has a pre-planned, out-of-state vacation from
852507.1181034.05003

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STIPULATION SETTING BRIEFING SCHEDULE REGARDING DEFENDANTS'
MOTION TO DISMISS

CV 11-02586 CW
CONSOLIDATED

III

1 August 20,2011 to August 30,2011. If the current briefing schedule remains in place, counsel's
2 vacation will be disrupted. Defense counsel also notes that Labor Day is September 5, 2011. The
3 Parties therefore respectfully request that the due date for Defendants' reply papers be continued

4 from August 31, 2011 to September 8, 2011 (which is the same date this Court originally
5 approved in its June 29, 2011 Order).
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STIPULATION
In light of the foregoing recitals, the Parties hereby stipulate that:
1. Plaintiffs deadline to oppose the motion filed by Defendants on August 10,2011
shall be extended from August 24,2011 to August 26,2011; and
2. The deadline for Defendants to file their reply papers shall be extended from

11 August 31, 2011 to September 8, 2011.

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DATED: August 10,2011

LAGARIAS & BOULTER L.L.P.

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lsi

By:

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Robert S. Boulter
Attorneys for Plaintiffs CHARLES ROBERTS and
KENNETH MCKAY

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DATED: August 10,2011

THEODORA ORINGHER PC

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lsi

By:

Drew R. Hansen
Attorneys for Defendants, c.R. ENGLAND, INC.,
OPPORTUNITY LEASING, INC., and HORIZON
TRUCK SALES AND LEASING, LLC.

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ATTESTATION
Concurrence in the filing of this Stipulation has been obtained from Mr. Robert S. Boulter,
which shall serve in lieu of his signature herein.

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lsi

By:

Drew R. Hansen

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852507.1181034.05003

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STIPULATION SETTING BRIEFING SCHEDULE REGARDING DEFENDANTS'
MOTION TO DISMISS

CV 11-02586 CW
CONSOLIDATED

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ORDER
PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED:
1. Plaintiffs' deadline to oppose the consolidated motion filed by Defendants on

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August 10,2011 shall be extended from August 24,2011 to August 26,2011.

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2. The deadline for Defendants to file their reply papers shall be extended from

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August 31, 2011 to September 8, 2011.
3. The hearing on the consolidated motion shall take place as previously ordered on
September 22,2011 at 2:00 p.m.
4. The case management conference previously set for September 22,2011 at 2:00 p.m.
remains on calendar.

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DATED: August 11

,2011

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Hon. Claudia Wilken
UNITED STATES DISTRICT COURT JUDGE

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852507.1181034.05003

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STIPULATION SETTING BRIEFING SCHEDULE REGARDING DEFENDANTS'
MOTION TO DISMISS

CV 11-02586 CW
CONSOLIDATED