Haynes et al v. Uponor, Inc. et al

Filing 30

Order by Judge Phyllis J. Hamilton granting 29 Stipulation.(pjhlc2, COURT STAFF) (Filed on 11/19/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HOYT HAYNES, et al.,

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Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 21-cv-05480-PJH
STIPULATION PURSUANT TO FED.
R. CIV. P. 15(A)(2)

UPONOR, INC., et al.,

Re: Dkt. No. 29

Defendants.

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Before the court is the parties’ stipulation to alter the briefing schedule and permit

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plaintiffs to file a second amended complaint. Dkt. 29. Having read the parties’ papers,

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and good cause appearing, the court hereby GRANTS the stipulation as follows:

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1. plaintiffs’ strict product liability claim for misrepresentation is dismissed without
prejudice, with each party bearing their own attorneys’ fees and costs;
2. plaintiffs shall file their second amended complaint by November 19, 2021 that
does not include a strict product liability claim;

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3. defendants shall promptly withdraw their motion to compel arbitration, or, in the

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alternative, to: (1) stay or dismiss the entire action, (2) dismiss or strike class

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allegations, and (3) dismiss claims;

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4. defendants’ renewed motion shall be filed by November 29, 2021;

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5. plaintiffs’ response to the renewed motion shall be filed by December 13, 2021;

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6. defendants’ reply shall be filed by January 10, 2022; and

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7. the hearing on the renewed motion shall take place on February 3, 2022.

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IT IS SO ORDERED.

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Dated: November 19, 2021
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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