Haley et al v. Macy's, Inc. et al

Filing 73

ORDER by Judge Haywood S. Gilliam, Jr. Granting 72 Stipulation Setting Briefing Schedule and Hearing Date on Motions to Dismiss. (ndrS, COURT STAFF) (Filed on 9/18/2017)

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Robert S. Green (State Bar No. 136183)
James Robert Noblin (State Bar No. 114442)
GREEN & NOBLIN, P.C.
2200 Larkspur Landing Circle, Suite 101
Larkspur, CA 94939
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs
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[Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIN HALEY, individually and on
behalf of all others similarly situated, et al.

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Plaintiffs,

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vs.

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MACY’S, INC., et al.

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Defendants.

Case No.: 4:15-cv-06033-HSG
(Consolidated with:
3:16-cv-01252-HSG,
4:16-cv-02850-KAW, and
4:16-cv-03341-KAW)
STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING
SCHEDULE AND HEARING DATE AS
TO DEFENDANT’S (1) FED. R. CIV. P.
12(b)(6) MOTION TO DISMISS
PLAINTIFFS’ AMENDED
CONSOLIDATED COMPLAINT and (2)
FED. R. CIV. P. 12(b)(1) MOTION TO
DISMISS PLAINTIFFS’ AMENDED
CONSOLIDATED COMPLAINT FOR
LACK OF STANDING
Judge: Hon. Haywood S. Gilliam, Jr.
Ctrm: 2, 4th Floor

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haley v. macy_s_stip to

STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES AS TO DEFENDANT’S MOTIONS
TO DISMISS - CASE NO. 3:15-cv-06033-HSG

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This Stipulation is entered into by and between Plaintiffs Kristin Haley, Todd Benson,

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Zoreh Farhang, Job Carder and Erica Vinci (“Plaintiffs”) and Defendant Macy’s West Stores,

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Inc. (“Defendant”), by and through their counsel of record:

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WHEREAS, on September 1, 2017, Defendant filed a Fed. R. Civ. P. 12(b)(1) Motion to

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Dismiss Plaintiffs’ Amended Consolidated Complaint for Lack of Standing and a Fed. R. Civ.

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P. 12(b)(6) Motion to Dismiss Plaintiffs’ Amended Consolidated Complaint;

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WHEREAS, the two separate motions that were filed include three separate client

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declarations and an extensive request for judicial notice which raise factual issues outside of the

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Amended Complaint and will require client declarations in the response;

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WHEREAS, the parties agree that the briefing on the issues raised by the Motions to

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Dismiss would benefit from taking more time than is contemplated by the Local Rules for the

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typical motion to dismiss;

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WHEREAS, absent this Stipulation and [Proposed] Order, oppositions to each Motion to

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Dismiss would be due on September 15, 2017, and replies would be due on September 22, 2017,

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and the hearing would be held on November 2, 2017;

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WHEREAS, no discovery cut-off date, pretrial conference date, or trial date has been set
in this matter.
WHEREAS, there have been no prior requests for extensions of deadlines presented to
this Court for Plaintiffs’ oppositions or Defendant’s reply to these motions.
NOW, THEREFORE, Plaintiffs and Defendant enter into the following Stipulation,
subject to its being validated by an order of this Court:
1.

Plaintiffs’ Opposition to each Motion to Dismiss shall be due no later than

September 26, 2017.
2.

Defendant’s Reply to each motion shall be due on October 12, 2017.

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haley v. macy_s_stip to

-1STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES AS TO DEFENDANT’S MOTIONS
TO DISMISS - CASE NO. 3:15-cv-06033-HSG

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3.

The hearing on this matter shall be continued from November 2, 2017 to

November 9, 2017, or such later date as the Court shall direct.
IT IS SO STIPULATED, BY AND THROUGH COUNSEL OF RECORD.
DATED: September 15, 2017

GREEN & NOBLIN, P.C.

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By:

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/s/ Robert S. Green
Robert S. Green (SBN 136183)
James Robert Noblin (SBN 114442)
2200 Larkspur Landing Circle, Suite 101
Larkspur, CA 94939
Telephone: [phone]
Facsimile: [phone]

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Kenneth G. Gilman (Fla. Bar No. 340758)
GILMAN LAW LLP
8951 Bonita Beach Rd, S.E., Suite 525
Bonita Springs, FL 34135
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs Haley and Farhang

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DATED: September 15, 2017

LEVI & KORSINSKY LLP

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haley v. macy_s_stip to

By:

/s/ Rosemary M. Rivas
Rosemary M. Rivas (SBN 209147)
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: [phone] (Direct)
Facsimile: [phone]
Email: [e-mail]
Gordon M. Fauth, Jr. (SBN 190280)
Rosanne L. Mah (SBN 242628)
FINKELSTEIN THOMPSON LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: [phone] (Direct)
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff Benson

-2STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES AS TO DEFENDANT’S MOTIONS
TO DISMISS - CASE NO. 3:15-cv-06033-HSG

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DATED: September 15, 2017

MARTINEZ CHARLES LLP

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By:

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Attorneys for Plaintiffs Carder and Vinci

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/s/ Michael C. Martinez
Michael C. Martinez (SBN 188084)
Mark Charles (SBN 199994)
600 South Lake Avenue, Suite 504
3 Pasadena, CA 91106
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

DATED: September 15, 2017

SEDGWICK LLP

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By:

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DATED: September 15, 2017

/s/ Stephanie Sheridan
Stephanie Sheridan (SBN 135910)
Anthony J. Anscombe (SBN 135883)
Meegan B. Brooks (SBN 298570)
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone: [phone]
Facsimile: [phone]
MACY’S LAW DEPARTMENT

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By:

/s/ Brian Parsons
Brian Parsons (Admitted Pro Hac Vice)
11477 Olde Cabin Road, Suite 400
St. Louis, MO 63141
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
Macy’s West Stores, Inc.

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haley v. macy_s_stip to

-3STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES AS TO DEFENDANT’S MOTIONS
TO DISMISS - CASE NO. 3:15-cv-06033-HSG

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IT IS HEREBY ORDERED that the following schedule shall govern the pending

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Motion to Dismiss the First Amended Complaint instead of the deadlines that would otherwise

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pertain under Local Rules 7-9 and 7-10

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1.

Plaintiffs’ Opposition to each Motion to Dismiss shall be due no later than

September 26, 2017.

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2.

Defendant’s Reply to each motion shall be due on October 12, 2017.

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3.

The hearing on this matter shall be continued from November 2, 2017 to

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November 16, 2017.
9, 2017.

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Dated: 9/18/2017

_____________________________________
________________ ___________________
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Hon. Haywood S. Gilliam, Jr.
Hon.
n
United States District Judge

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haley v. macy_s_stip to

-4STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINES AS TO DEFENDANT’S MOTIONS
TO DISMISS - CASE NO. 3:15-cv-06033-HSG