Swearingen et al v. Attune Foods, Inc.

Filing 29

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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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. 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 20 21 22 MARY SWEARINGEN and ROBERT FIGY, individually and on behalf of all others similarly situated, 23 24 25 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., 26 Requested date: May 28, 2014 Defendant. 27 28 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: 4:13-cv-04541 1148103v.1 1 2 Plaintiffs Mary Swearingen and Robert Figy (“Plaintiffs”), and Defendant ATN Holdings, Inc. (f/k/a/ Attune Foods, Inc.) (“Defendant”), hereby stipulate as follows: 3 1. Plaintiffs Mary Swearingen and Robert Figy (“Plaintiffs”) filed their Complaint on 4 October 1, 2013. ATN Holdings, Inc. (formerly known as Attune Foods, Inc.) (“Defendant”) was 5 served on October 11, 2013. The parties previously stipulated pursuant to Local Rule 6-1(a) that 6 Defendant would have until December 6, 2013 to answer or otherwise respond to the Complaint 7 (Docket 11). 8 9 10 2. the parties stipulated to extend Defendant’s time to answer or otherwise respond to Plaintiffs’ Complaint until January 15, 2014 (Dkt. 12). 11 12 Given scheduling difficulties surrounding the holidays in November and December, 3. Subsequently, Counsel for Attune Foods, Inc., filed its Motion to Dismiss Plaintiffs' Complaint on January 15, 2014 (Dkt. 15). 13 4. 14 2014 (Dkt. 18). 15 5. Defendant’s Motion to Dismiss was Denied as Moot February 5, 2014 (Dkt. 19). 16 6. Subsequently, Counsel for Defendant’s Withdrawal and Substitution of Counsel was 17 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). 18 7. Pursuant to the parties’ Stipulation (Dkt. 24), Defendant filed its Motion to Dismiss the 19 Complaint (“Motion”) on March 4, 2014 (Dkt. 25), and the Motion was scheduled for hearing on April 20 8, 2014; 8. 21 22 required additional time to respond to the Motion (Dkt. 26); 9. 23 24 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 25 10. The Case Management Conference presently is set for April 9, 2014. Based on the 26 foergoing, the parties stipulate and respectfully request that the Case Management Conference be 27 continued to a date after the hearing of the Motion to Dismiss. 28 // 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: 4:13-cv-04541 1148103v.1 1 Subject to approval by the Court, the parties hereby stipulate as follows: 2 The Case Management Conference is rescheduled to May 28, 2014. 3 IT IS SO STIPULATED. 4 Dated: March 25, 2014 PRATT & ASSOCIATES 5 By: 6 /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 7 8 9 10 Date: March 25, 2014 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 11 12 By: 13 14 15 /s/ John T. Burnite Ralph W. Robinson John T. Burnite Attorneys for Defendant ATN Holdings, Inc. f/k/a Attune Foods, Inc. 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: 4:13-cv-04541 1148103v.1 1 2 3 4 5 6 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 7 8 9 10 11 12 13 14 15 16 [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 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: 4:13-cv-04541 1148103v.1

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