Astiana v. The Hain Celestial Group, Inc. et al

Filing 37

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE re 36 Stipulation, filed by Jason Natural Products, Inc., The Hain Celestial Group, Inc. Joint Case Management Statement due by 6/20/2012. Initial Case Management Conference set for 6/27/2012 09:00 AM. Motion Hearing set for 6/27/2012 09:00 AM before Hon. Phyllis J. Hamilton. Signed by Judge Phyllis J. Hamilton on 4/19/12. (nah, COURT STAFF) (Filed on 4/19/2012)

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William J. Friedman (admitted pro hac vice)
[e-mail]
Simon J. Frankel (State Bar No. 171552)
[e-mail]
Margaret D. Wilkinson (State Bar No. 244965)
[e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
THE HAIN CELESTIAL GROUP and
JASON NATURAL PRODUCTS, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARY LITTLEHALE, SKYE ASTIANA,
and TAMAR DAVIS LARSEN, on behalf
of themselves and all others similarly
situated,

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Plaintiff,
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v.
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THE HAIN CELESTIAL GROUP, INC., a
Delaware Corporation, and JASON
NATURAL PRODUCTS, INC., a
California Corporation;

Civil Case No.: 4:11-cv-06342-PJH
STIPULATED REQUEST FOR
ORDER EXTENDING TIME TO
RESPOND TO FIRST AMENDED
COMPLAINT AND CONTINUING
CASE MANAGEMENT
CONFERENCE
(Local Rule 6-2(a))

Defendants.

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STIPULATED REQUEST FOR ORDER EXTENDING TIME
TO RESPOND TO FIRST AMENDED COMPLAINT AND
CONTINUING CASE MANAGEMENT CONFERENCE

Civil Case No.: 4:11-cv-06342-PJH

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Pursuant to Local Rule 6-2 of the Local Rules for the Northern District of

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California, Plaintiffs Mary Littlehale, Skye Astiana, and Tamar Davis Larsen (collectively,

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“Plaintiffs”) and Defendants The Hain Celestial Group, Inc. (“Hain Celestial”) and JASON

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Natural Products, Inc. (“JASON”) (collectively, “Defendants”), by and through their respective

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counsel, jointly request that the Court enter an order extending Defendants’ time to respond to

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the First Amended Complaint (“FAC”) and continuing the Case Management Conference

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(“CMC”) as detailed below.

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On March 16, 2012, Defendants filed a Motion to Dismiss the Complaint
(“Motion to Dismiss”). On April 6, 2012, Plaintiffs filed the FAC, and no opposition to the

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Motion to Dismiss was filed. While Defendants do not concede that the FAC cures the defects

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advanced by the Motion to Dismiss, Plaintiffs and Defendants have agreed that the original

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complaint is superseded by the filing of the FAC (and effectively withdrawn) and that, in the

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interests of judicial economy, the Motion to Dismiss should be deemed withdrawn, without

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prejudice to Defendants moving to dismiss the FAC.

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Pursuant to Federal Rule of Civil Procedure 15, Defendants’ deadline for

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responding to the FAC is presently April 20, 2012. Plaintiffs have agreed to grant Defendants

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an additional three weeks, to May 11, 2012, to respond to the FAC.

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Defendants plan to file a Motion to Dismiss the FAC. Under the applicable

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Local Rules, the hearing on such a motion to dismiss would occur after the Case Management

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Conference (“CMC”), currently scheduled for May 3, 2012. The Parties agree that it would be

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beneficial for the Court to have an opportunity to consider the Motion to Dismiss the FAC and

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the likely direction of the pleadings prior to the CMC. The Parties therefore agree that the CMC

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should be continued to the date of the hearing on the Motion to Dismiss the FAC. With the

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Court’s permission, the Parties respectfully request that both the CMC and the hearing be

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scheduled for the same date and time in late June to accommodate the travel schedule of

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Defendants’ lead counsel, William Friedman, who will be traveling internationally from China

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where he is currently based to appear before the Court on the Motion to Dismiss.

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STIPULATED REQUEST FOR ORDER EXTENDING
TIME TO RESPOND TO AMENDED COMPLAINT
AND CONTINUING CASE MANAGEMENT
CONFERENCE

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Civil Case No.: 4:11-cv-06342-PJH

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Accordingly, the Parties have agreed to, and jointly request that the Court enter
an order setting, the following proposed schedule:
(a)

Defendants’ deadline to file a Motion to Dismiss the FAC is extended to

and including May 11, 2012.
(b)

Plaintiffs’ deadline to file an Opposition to Defendants’ Motion to

Dismiss the FAC is extended to and including June 6, 2012.
(c)

Defendants’ deadline to reply to Plaintiffs’ Opposition is extended to and

including June 13, 2012.
(d)

Both the hearing on the Defendants’ Motion to Dismiss the FAC and the

CMC are continued to June 27, 2012, at 9:00 a.m.
The Declaration of Simon J. Frankel in Support of Stipulated Request for an
Order Changing Time provides the information required by Local Rule 6-2(a)(1)–(3).
IT IS SO STIPULATED.
DATED: April 17, 2012

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STEMBER FEINSTEIN DOYLE
PAYNE & KRAVEC LLC
By:

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/s/
Joseph N. Kravec, Jr.
Attorneys for Plaintiff
MARY LITTLEHALE

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DATED: April 17, 2012

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COVINGTON & BURLING LLP
By:

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/s/
Simon J. Frankel
Attorneys for Defendants
THE HAIN CELESTIAL GROUP, INC. and
JASON NATURAL PRODUCTS

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S

April 19
DATED: _____________, 2012

By:

S DISTRICT
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IS SO O

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Judge Ph

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amilton

FO

yllis J. H

NO

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R NIA

IT
The Honorable Phyllis J. Hamilton
United States District Judge
LI

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IT IS SO ORDERED.
UNIT
ED

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N

F
D IS T IC T O
R

C

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STIPULATED REQUEST FOR ORDER EXTENDING
TIME TO RESPOND TO AMENDED COMPLAINT
AND CONTINUING CASE MANAGEMENT
CONFERENCE

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Civil Case No.: 4:11-cv-06342-PJH

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ECF CERTIFICATION
I, Simon J. Frankel, am the ECF User whose identification and password are being

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used to file this Stipulated Request for Order Extending Time to Respond to Amended

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Complaint and Continuing Case Management Conference. In compliance with General Order

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45.X.B, I hereby attest that Joseph N. Kravec, Jr. has concurred in this filing.

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DATED: April 17, 2012

COVINGTON & BURLING LLP
By:

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/s/ Simon J. Frankel
Simon J. Frankel

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STIPULATED REQUEST FOR ORDER EXTENDING
TIME TO RESPOND TO AMENDED COMPLAINT
AND CONTINUING CASE MANAGEMENT
CONFERENCE

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Civil Case No.: 4:11-cv-06342-PJH