Webster Proctor v. Nike Retail Services, Inc. et al

Filing 27

JOINT STIPULATION AND REVISED ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, Motions terminated: 25 STIPULATION WITH PROPOSED ORDER to File Third Amended Complaint filed by Webster Proctor, Nike Retail Services, Inc. Signed by Judge Yvonne Gonzalez Rogers on 5/7/12. (fs, COURT STAFF) (Filed on 5/7/2012)

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HOFFMAN EMPLOYMENT LAWYERS, LLP
Michael Hoffman, Esq. (State Bar No. 154481)
[e-mail]
Leonard Emma, Esq. (State Bar No. 224483)
[e-mail]
333 Bush Street, Suite 2250
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
WEBSTER PROCTOR
SEYFARTH SHAW LLP
Jon D. Meer (State Bar No. 144389)
[e-mail]
Sheryl L. Skibbe (State Bar No. 199441)
sskibbe@[e-mail]
2029 Century Park East, 35th Floor
Los Angeles, California 90067-3021
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
NIKE RETAIL SERVICES, INC.,
NIKE USA, INC., and NIKE, INC
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
WEBSTER PROCTOR, on behalf of himself
and all others similarly situated, and the
general public
Plaintiffs,
v.
NIKE RETAIL SERVICES, INC., an Oregon
corporation,
Defendant.

CASE NO. 11-CV-6711 YGR
[Assigned to the Honorable Yvonne Gonzalez Rogers]
Revised
JOINT STIPULATION AND [PROPOSED]
ORDER FOR LEAVE TO FILE THIRD
AMENDED COMPLAINT

Complaint Filed:

December 29, 2011

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JOINT STIPULATION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT
CASE NO. 11-CV-6711 YGR

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IT IS HEREBY STIPULATED by and between the parties to this action, Plaintiff Webster
Proctor (“Plaintiff”) and Defendant NIKE Retail Services, Inc. (“Defendant”) (collectively, the
“Parties”), that:
(1)

On April 20, 2012, Plaintiff filed the Second Amended Complaint pursuant to stipulation

of the Parties and Order of the Court;
(2)

Defendant’s deadline to file a responsive pleading to the Second Amended Complaint is

May 4, 2012;
(3)

The Parties have met and conferred regarding the Second Amended Complaint and agree

that, instead of Defendant filing a Motion to Dismiss and/or Strike on or before May 4, 2012,
Plaintiff should be granted leave to file the proposed Third Amended Complaint, a copy of which
is attached hereto as Exhibit A; and
(4)

Defendant agrees to file an answer to the proposed Third Amended Complaint.

The parties also stipulate that the Third Amended Complaint shall be deemed filed and served on
Defendant NIKE Retail Services, Inc., as of the date of the Court’s Order.
IT IS SO STIPULATED.

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DATED: May 3, 2012

SEYFARTH SHAW LLP

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By: /s/

________________________
Sheryl Skibbe
Attorneys for Defendants
NIKE RETAILS SERVICES, INC., NIKE USA,
INC AND NIKE, INC.

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DATED: May 3, 2012

HOFFMAN EMPLOYMENT LAWYERS, LLP
By: /s/ ________________________
Michael Hoffman
Attorneys for Plaintiff
WEBSTER PROCTOR

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JOINT STIPULATION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT
CASE NO. 11-CV-6711 YGR

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IT IS SO ORDERED. Plaintiff shall file his Third Amended Complaint no later than May 11, 2012.
Defendant shall file and serve its answer no later than May 29, 2012.
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DATED: May ___, 2012

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_____________________________
Honorable Yvonne Gonzalez Rogers

United States District Court Judge

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