Swearingen et al v. Attune Foods, Inc.
Filing
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ORDER by Judge Saundra Brown Armstrong Granting 28 Stipulation To Continue Case Management Conference. (ndr, COURT STAFF) (Filed on 3/26/2014)
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PRATT & ASSOCIATES
Ben F. Pierce Gore (SBN 128515)
pgore@prattattorneys.com
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone:
408.369.0800
Facsimile:
408.369.0752
CLIFFORD LAW OFFICES, P.C.
Colin Harvey Dunn
chd@cliffordlaw.com
120 N. LaSalle Street, Suite 3100
Chicago, IL 60602
Telephone:
312.399.9090
Facsimile:
312.251.1160
Attorneys for Plaintiffs
Mary Swearingen and Robert Figy
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
Ralph W. Robinson (SBN 51436)
ralph.robinson@wilsonelser.com
John T. Burnite (SBN 162223)
john.burnite@wilsonelser.com
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone:
415.433.0990
Facsimile:
415.434.1370
Attorneys for Defendant
ATN HOLDINGS, INC.
f/k/a Attune Foods, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION
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MARY SWEARINGEN and ROBERT FIGY,
individually and on behalf of all others
similarly situated,
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Case No.: 4:13-cv-04541 SBA
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
Plaintiffs,
v.
Current date: April 9, 2014
ATTUNE FOODS, INC.,
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Requested date: May 28, 2014
Defendant.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: 4:13-cv-04541
1148103v.1
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Plaintiffs Mary Swearingen and Robert Figy (“Plaintiffs”), and Defendant ATN Holdings,
Inc. (f/k/a/ Attune Foods, Inc.) (“Defendant”), hereby stipulate as follows:
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1.
Plaintiffs Mary Swearingen and Robert Figy (“Plaintiffs”) filed their Complaint on
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October 1, 2013. ATN Holdings, Inc. (formerly known as Attune Foods, Inc.) (“Defendant”) was
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served on October 11, 2013. The parties previously stipulated pursuant to Local Rule 6-1(a) that
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Defendant would have until December 6, 2013 to answer or otherwise respond to the Complaint
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(Docket 11).
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2.
the parties stipulated to extend Defendant’s time to answer or otherwise respond to Plaintiffs’
Complaint until January 15, 2014 (Dkt. 12).
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Given scheduling difficulties surrounding the holidays in November and December,
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Subsequently, Counsel for Attune Foods, Inc., filed its Motion to Dismiss Plaintiffs'
Complaint on January 15, 2014 (Dkt. 15).
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4.
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2014 (Dkt. 18).
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5.
Defendant’s Motion to Dismiss was Denied as Moot February 5, 2014 (Dkt. 19).
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6.
Subsequently, Counsel for Defendant’s Withdrawal and Substitution of Counsel was
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Plaintiffs filed their Amended Complaint against Attune Foods, Inc., January 29,
filed February 6, 2014 and Granted by the Court February 7, 2014 (Dkts. 22 and 23).
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7.
Pursuant to the parties’ Stipulation (Dkt. 24), Defendant filed its Motion to Dismiss the
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Complaint (“Motion”) on March 4, 2014 (Dkt. 25), and the Motion was scheduled for hearing on April
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8, 2014;
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required additional time to respond to the Motion (Dkt. 26);
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For good cause shown, including commitments in other cases, Plaintiffs’ counsel
The Court extended the briefing schedule of the Motion, and continued the hearing date
of the Motion to May 13, 2014 (Dkt. 27); and
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10.
The Case Management Conference presently is set for April 9, 2014. Based on the
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foergoing, the parties stipulate and respectfully request that the Case Management Conference be
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continued to a date after the hearing of the Motion to Dismiss.
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//
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: 4:13-cv-04541
1148103v.1
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Subject to approval by the Court, the parties hereby stipulate as follows:
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The Case Management Conference is rescheduled to May 28, 2014.
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IT IS SO STIPULATED.
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Dated: March 25, 2014
PRATT & ASSOCIATES
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By:
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/s/ Ben F. Pierce Gore
Ben F. Pierce Gore
CLIFFORD LAW OFFICES, P.C.
Colin Harvey Dunn
Attorneys for Plaintiffs
Mary Swearingen and Robert Figy
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Date: March 25, 2014
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
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By:
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/s/ John T. Burnite
Ralph W. Robinson
John T. Burnite
Attorneys for Defendant
ATN Holdings, Inc.
f/k/a Attune Foods, Inc.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: 4:13-cv-04541
1148103v.1
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ATTESTATION
I, John T. Burnite, am the attorney whose ECF number is being used to file the
STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT
CONFERENCE, and I have obtained the consent of all of the signatories thereto.
Dated: March 25, 2014
/s/ John T. Burnite
John T. Burnite
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[PROPOSED] ORDER
Pursuant to the parties’ Stipulation, and good cause appearing therefor,
IT IS SO ORDERED., except that the telephonic case management conference
will be held on June 25, 2014, at 3:00 p.m. The parties shall meet and confer prior
Dated: March ___, 2014 shall prepare a joint Case Management Conference Statement
to the conference and
Hon. Saundra to the Case Management
which shall be filed no later than seven (7) days prior Brown Armstrong
United States District Judge
Conference that complies with the Standing Order For All Judges Of The Northern
District Of California and the Standing Order of this Court. Plaintiffs shall be
responsible for filing the statement as well as for arranging the conference call.
All parties shall be on the line and shall call (510) 637-3559 at the above indicated
date and time.
Dated: 3/26/2014
________________________________
Saundra Brown Armstrong
U.S. District Court
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: 4:13-cv-04541
1148103v.1
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