Lawyer v. Homary International Limited

Filing 28

ORDER (as modified) GRANTING 27 STIPULATION Re Briefing Schedule. Reset Deadlines/Hearing as to 26 MOTION to Dismiss Plaintiff's First Amended Complaint or, in the alternative, Motion to Strike : Respons es due by 10/22/2024. Replies due by 11/12/2024. Motion Hearing/Initial Case Management Conference set for 12/5/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 9/26/2024. (ndr, COURT STAFF) (Filed on 9/26/2024)

1
2
3
4
5
6
7

BLANK ROME LLP
Ana Tagvoryan (SBN 246536)
[e-mail]
Erica R. Graves (SBN 301785)
[e-mail]
Ping Zhang (SBN 312257)
[e-mail]
2029 Century Park East | 6th Floor
Los Angeles, CA 90067
Telephone:
424.239.3400
Facsimile:
424.239.3434
Attorneys for Defendant

8
9
10

BURSOR & FISHER, P.A.
Neal J. Deckant (State Bar No. 322946)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
BURSOR & FISHER, P.A.
Julian C. Diamond (pro hac vice
forthcoming)
Matthew A. Girardi (pro hac vice
forthcoming)
1330 Avenue of the Americas
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

11
12
13
14

UNITED STATES DISTRICT COURT

15

FOR THE NORTHERN DISTRICT OF CALIFORNIA

16
17

LAILA LAWYER, individually and on behalf
of all others similarly situated,

18
19

Plaintiff,
v.

22

STIPULATION AND ORDER RE
BRIEFING SCHEDULE (as
modified)
Judge:

20
21

Civil Action No. 4:24-cv-04113-HSG

HOMARY INTERNATIONAL LIMITED,
Defendant.

23
24
25
26
27
28
STIPULATION AND ORDER RE BRIEFING SCHEDULE
CASE NO. 4:24-CV-04113-HSG

Hon. Haywood S. Gilliam, Jr.

1

Pursuant to Federal Rules of Civil Procedure 6 and 12, and Civil Local Rule 6-1(a),

2

Plaintiff Laila Lawyer (“Plaintiff”) and Defendant Homary International Limited (“Defendant”

3

and together with Plaintiff, the “Parties”), hereby agree and stipulate that good cause exists to

4

request an order from the Court continuing certain deadlines related to Defendant’s pending

5

Motion to Dismiss.

6
7
8
9
10
11
12
13
14
15

RECITALS
WHEREAS, on April 2, 2024, Plaintiff filed the Complaint against Defendant in California
State Court;
WHEREAS, on May 29, 2024, service was effectuated on Defendant pursuant to § 415.30
of the California Code of Civil Procedure;
WHEREAS, on July 8, 2024, Defendant removed this action to this Court pursuant to the
Class Action Fairness Act, 28 U.S.C. § 1332(d) (ECF No. 1);
WHEREAS, on September 24, 2024, Defendant filed a Motion to Dismiss Plaintiff’s First
Amended Complaint (ECF No. 26);
WHEREAS, Plaintiff’s deadline to respond to Defendant’s motion to dismiss is currently

16

October 8, 2024 and Defendant’s deadline to file a reply in support of its motion to dismiss is

17

currently October 15, 2024;

18
19

WHEREAS, because of conflicting pre-existing litigation, family, and personal
commitments, the Parties require extensions to these deadlines;

20

WHEREAS, this stipulation will not affect any other court ordered date;

21

WHEREAS, there has been one prior time modification in this case (ECF No. 21) regarding

22

the First Amended Complaint; and

23

WHEREAS, no party will be prejudiced by this extension of time.

24

NOW THEREFORE, THE FOLLOWING IS HEREBY STIPULATED by and between

25
26
27

the Parties:
1) The deadline for Plaintiff to file an opposition to Defendant’s Motion to Dismiss, shall be
October 22, 2024;

28
STIPULATION AND ORDER RE BRIEFING SCHEDULE
CASE NO. 4:24-CV-04113-HSG

1

1
2

2) The deadline for Defendant’s reply in support of its Motion to Dismiss shall be
November 12, 2024.

3
4

Dated: September 25, 2024

By: /s/ Ping Zhang
Ana Tagvoryan
Erica R. Graves
Ping Zhang

5
6
7

Attorneys for Defendant

8
9
10
11
12
13

BLANK ROME LLP

Dated: September 25, 2024

BURSOR & FISHER, P.A.
By: /s/ Neal J. Deckant
Neal J. Deckant (State Bar No. 322946)
Julian C. Diamond (PHV forthcoming)
Matthew A. Girardi (PHV forthcoming)
Attorneys for Plaintiff

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER RE BRIEFING SCHEDULE
CASE NO. 4:24-CV-04113-HSG

2

1
2

ATTESTATION RE ELECTRONIC SIGNATURES
I, Neal J. Deckant, attest pursuant to Civil Local Rule 5-1(i)(3) that all other signatories to

3

this document, on whose behalf this filing is submitted, concur in the filing’s content and have

4

authorized this filing. I declare under penalty of perjury under the laws of the United States of

5

America that the foregoing is true and correct.

6
7

Dated: September 25, 2024

8

By: /s/ Neal J. Deckant
Neal J. Deckant

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER RE BRIEFING SCHEDULE
CASE NO. 4:24-CV-04113-HSG

3

ORDER

1
2

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

3

The Parties will adhere to the following deadlines:

4

1) The deadline for Plaintiff to file her opposition to Defendant’s Motion to Dismiss shall be

5
6
7
8
9
10
11
12

October 22, 2024;
2) The deadline for Defendant’s reply in support of its Motion to Dismiss shall be
November 12, 2024;
3) The hearing for Defendant’s Motion to Dismiss shall be continued from October 31, 2024
to December 5, 2024 at 2:00 p.m. A case management conference will be held on December 5th
along with the hearing on the motion to dismiss.
Dated: 9/26/2024

13

______________________________
Haywood S. Gilliam, Jr.
United States District Court

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER RE BRIEFING SCHEDULE
CASE NO. 4:24-CV-04113-HSG

4