Gudgel v. The Clorox Company

Filing 25

ORDER GRANTING #18 STIPULATION TO ENLARGE TIME TO BRIEF FORTHCOMING MOTION TO DISMISS by Judge Phyllis J. Hamilton.(pjhlc2S, COURT STAFF) (Filed on 9/15/2020)

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EMILY JOHNSON HENN (Bar No. 269482)
KATHRYN E. CAHOY (Bar No. 298777)
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Email: [e-mail]
Email: [e-mail]

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ASHLEY M. SIMONSEN (Bar No. 275203)
COVINGTON & BURLING LLP
1999 Avenue of the Stars
Los Angeles, CA 90067-4643
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant The Clorox Company

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DANIEL LEVINSON
JUSTIN STOCKTON
LEVINSON STOCKTON LLP
990 Highland Drive, Suite 206
Solana Beach, CA 92075
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
WILLIAM WRIGHT
THE WRIGHT LAW OFFICE, LLP
301 Clematis Street, Suite 3000
West Palm Beach, Florida 33401
Telephone: [phone]
Email: [e-mail]
(pro hac vice application forthcoming)

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DANIEL FAHERTY
TELFER, FAHERTY, & ANDERSON, PL
815 S. Washington Avenue, Suite 201
Titusville, Florida 32780
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
(pro hac vice application forthcoming)

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SHANA GUDGEL, on behalf of herself and all
others similarly situated,

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Plaintiff,

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v.

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THE CLOROX COMPANY,

Civil Case No. 4:20-cv-05712-KAW PJH
STIPULATION ENLARGING TIME TO
RESPOND TO COMPLAINT;
STIPULATED REQUEST TO ENLARGE
TIME TO BRIEF FORTHCOMING
MOTION TO DISMISS; [PROPOSED]
ORDER

Defendant.

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STIPULATION ENLARGING TIME TO RESPOND TO
COMPLAINT; STIPULATED REQUEST RE FORTHCOMING
MOTION TO DISMISS; [PROPOSED] ORDER

Case No. 4:20-cv-05712-KAW

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Pursuant to Civil L.R. 6-1(a), Defendant The Clorox Company (“Clorox”) and Plaintiff Shana
Gudgel (collectively, the “Parties”) respectfully submit the following Stipulation (Without Court Order)
Enlarging Time to Respond to the Complaint.
Pursuant to Civil L.R. 6-1(b) and 6-2, the Parties also respectfully submit the following
Stipulated Request to Enlarge Time to Brief Clorox’s Forthcoming Motion to Dismiss.
STIPULATION

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WHEREAS, on August 14, 2020, Plaintiff filed the initial complaint (Dkt. 1);

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WHEREAS, pursuant to Federal Rule of Civil Procedure 12, Clorox’s response to the initial

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complaint would be due by September 8, 2020 (see Dkt. 11);
WHEREAS, Clorox has informed Plaintiff that it intends to move to dismiss the initial

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complaint; and
WHEREAS, pursuant to Civil L.R. 6-1(a), which allows parties to stipulate in writing without

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court order to extend a defendant’s time within which to answer or otherwise respond to a complaint, the

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Parties have conferred and agree that Clorox shall file its motion to dismiss the initial complaint by

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October 8, 2020.

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THEREFORE, the Parties, by and through their respective undersigned counsel, hereby stipulate
and agree that Clorox shall have until October 8, 2020, to file its motion to dismiss the initial complaint.
STIPULATED REQUEST
WHEREAS, the Parties agree that resolution of Clorox’s forthcoming motion to dismiss would
benefit from extending the opposition deadline by two weeks and the reply deadline by one week;
WHEREAS, the Parties have stipulated and agreed that Clorox shall have until October 8, 2020,
to move to dismiss the initial complaint;
WHEREAS, there have been no other time modifications in this case;
WHEREAS, no events or deadlines already fixed by Court order would be affected by the time
STIPULATION ENLARGING TIME TO RESPOND TO
COMPLAINT; STIPULATED REQUEST RE FORTHCOMING
MOTION TO DISMISS; [PROPOSED] ORDER

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Case No. 4:20-cv-05712-KAW

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modification requested herein; and
WHEREAS, Clorox does not waive, and expressly reserves, all defenses.
THEREFORE, the Parties, by and through their respective undersigned counsel, hereby stipulate
and agree to, and respectfully request that the Court order, the following deadlines:
•

Plaintiff shall have until November 5, 2020, to file an opposition to Clorox’s forthcoming

motion to dismiss the initial complaint; and
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Clorox shall have until November 19, 2020, to file a reply in support of its forthcoming

motion to dismiss the initial complaint.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: September 15, 2020

By:

Hon. Kandis A. Westmore
United States Magistrate Judge

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U.S. District Court Judge

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Phyllis J. Hamilton

DATED: September 3, 2020

Respectfully submitted,

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/s/ Emily Johnson Henn

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EMILY JOHNSON HENN (Bar No. 269482)
KATHRYN E. CAHOY (Bar No. 298777)
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Email: [e-mail]
Email: [e-mail]

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ASHLEY M. SIMONSEN (Bar No. 275203)
COVINGTON & BURLING LLP
1999 Avenue of the Stars
Los Angeles, CA 90067-4643
Telephone: [phone]

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STIPULATION ENLARGING TIME TO RESPOND TO
COMPLAINT; STIPULATED REQUEST RE FORTHCOMING
MOTION TO DISMISS; [PROPOSED] ORDER

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Case No. 4:20-cv-05712-KAW

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Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant The Clorox Company

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/s/ Daniel Levinson

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DANIEL LEVINSON
JUSTIN STOCKTON
LEVINSON STOCKTON LLP
990 Highland Drive, Suite 206
Solana Beach, CA 92075
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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WILLIAM WRIGHT
THE WRIGHT LAW OFFICE, LLP
301 Clematis Street, Suite 3000
West Palm Beach, Florida 33401
Telephone: [phone]
Email: [e-mail]
(pro hac vice application forthcoming)

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DANIEL FAHERTY
TELFER, FAHERTY, & ANDERSON, PL
815 S. Washington Avenue, Suite 201
Titusville, Florida 32780
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
(pro hac vice application forthcoming)

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Attorneys for Plaintiff

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STIPULATION ENLARGING TIME TO RESPOND TO
COMPLAINT; STIPULATED REQUEST RE FORTHCOMING
MOTION TO DISMISS; [PROPOSED] ORDER

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Case No. 4:20-cv-05712-KAW

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FILER’S ATTESTATION
Pursuant to Civil L.R. 5-1(i)(3), Emily Johnson Henn hereby attests that concurrence in the filing
of this document has been obtained from each of the above signatories.

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Dated: September 3, 2020

By: /s/ Emily Johnson Henn

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STIPULATION ENLARGING TIME TO RESPOND TO
COMPLAINT; STIPULATED REQUEST RE FORTHCOMING
MOTION TO DISMISS; [PROPOSED] ORDER

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Case No. 4:20-cv-05712-KAW