Monica Sud v. Costco Wholesale Corporation et al

Filing 25

ORDER GRANTING AS MODIFIED 24 STIPULATION Regarding Briefing and Hearing Schedule. Motion to Dismiss (if any) due by 10/30/2015. Responses due by 11/17/2015. Replies due by 12/7/2015. Motion Hearing set for 12/18/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 10/6/15. (jjoS, COURT STAFF) (Filed on 10/6/2015) Modified on 10/6/2015 (jjoS, COURT STAFF).

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Case 4:15-cv-03783-JSW Document 24 Filed 10/05/15 Page 1 of 3 1 2 3 4 5 6 7 8 Robert A. Mittelstaedt (State Bar No. 60359) ramittelstaedt@JonesDay.com Craig E. Stewart (State Bar No. 129530) cestewart@JonesDay.com Caroline N. Mitchell (State Bar No. 143124) cnmitchell@JonesDay.com David L. Wallach (State Bar No. 233432) dwallach@JonesDay.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: +1.415.626.3939 Facsimile: +1.415.875.5700 Attorneys for Defendant COSTCO WHOLESALE CORPORATION 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 MONICA SUD, individually, and on behalf of all others similarly situated, 15 Plaintiff, 16 17 18 v. Case No. 4:15-cv-03783-JSW JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE AS MODIFIED COSTCO WHOLESALE CORPORATION, et al., Defendants. 19 20 21 22 WHEREAS, on September 1, 2015, Costco Wholesale Corporation was served in the above-captioned matter; WHEREAS, on September 8, 2015, CP Food Products, Inc. was served in the above- 23 captioned matter and Charoen Pokphand Foods, PCL (incorporated in Thailand), has agreed to 24 waive service pursuant to Federal Rule of Civil Procedure 4; 25 26 WHEREAS, Defendants do not waive, and expressly reserve, all available defenses, including as to jurisdiction; 27 28 STIP AND PROPOSED ORDER RE SCHEDULE CASE NO. 4:15-cv-03783-JSW Case 4:15-cv-03783-JSW Document 24 Filed 10/05/15 Page 2 of 3 1 WHEREAS, the parties filed a Joint Stipulation to Extend the Date for Defendants to 2 Respond to the Complaint on September 21, 2015 and agreed to propose a revised schedule to the 3 Court on or before October 6, 2015; 4 NOW, THEREFORE, pursuant to Local Rule 6-1(a), all parties agree that: 5 (1) Defendants’ responses to the Complaint shall be filed on or before October 30, 2015; 6 (2) Plaintiff’s oppositions to Defendants’ motions to dismiss, if any, shall be filed on or 7 8 9 10 11 17 before November 20, 2015; (3) Defendants’ replies in support of their motions, if any, shall be filed on or before December 7, 2015; (4) The hearing on Defendants’ motions shall be on December 18, 2015 at 9:00 a.m., or such other date as the Court may find convenient; and 12 (5) The parties will meet and confer about the length of briefing in connection with any 13 motions to dismiss and, if they believe they need relief from the applicable rules, may seek such 14 relief from the Court in advance of the applicable filing deadlines. 15 Dated: October 5, 2015 16 Respectfully submitted, COTCHETT, PITRE & McCARTHY, LLP 17 18 By: /s/ Niall P. McCarthy Niall P. McCarthy 19 Counsel for Plaintiff 20 21 Dated: October 5, 2015 HOWARD LAW FIRM 22 23 By: /s/ Derek Howard Derek Howard 24 Counsel for Plaintiff 25 Dated: October 5, 2015 JENKINS MULLIGAN & GABRIEL, LLP 26 27 28 By: /s/ Daniel J. Mulligan Daniel J. Mulligan Counsel for Plaintiff -2- STIP AND PROPOSED ORDER RE SCHEDULE CASE NO. 4:15-cv-03783-JSW Case 4:15-cv-03783-JSW Document 24 Filed 10/05/15 Page 3 of 3 1 Dated: October 5, 2015 JONES DAY 2 3 By: /s/ Caroline N. Mitchell Caroline N. Mitchell 4 Counsel for Defendant COSTCO WHOLESALE CORPORATION 5 6 Dated: October 5, 2015 DAVIS POLK & WARDWELL LLP 7 By: /s/ Christopher B. Hockett Christopher B. Hockett 8 9 Counsel for Defendants Charoen Pokphand Foods, PCL and C.P. Food Products, Inc. 10 11 12 Pursuant to Local Rule 5-1(i)(3), I, Caroline N. Mitchell, attest that concurrence in filing this document has been obtained from the other signatories. 13 14 IT IS SO ORDERED 15 16 6 Dated: October __, 2015 ______________________________ Honorable Jeffrey S. White 17 18 19 20 21 22 23 24 25 26 27 28 -3- STIP AND PROPOSED ORDER RE SCHEDULE CASE NO. 4:15-cv-03783-JSW

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