Cho v. The Gap, Inc. et al

Filing 20

ORDER (as modified) GRANTING 18 STIPULATION to Extend Briefing Deadlines for Defendants' Motion to Dismiss (ECF NO. 6). Reset Deadlines as to 6 MOTION to Dismiss Class Action Complaint : Responses due by 9/2 6/2024; Replies due by 10/10/2024; Motion Hearing set for 10/24/2024 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 8/29/2024. (ndr, COURT STAFF) (Filed on 8/29/2024)

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LYNCH CARPENTER LLP
Todd D. Carpenter (SBN 234464)
[e-mail]
Scott G. Braden (SBN 305051)
[e-mail]
James B. Drimmer (SBN 196890)
[e-mail]
1234 Camino del Mar
Del Mar, California 92014
Telephone: [phone]
Facsimile: 858.313.1850
Attorneys for Plaintiff and
Proposed Class Counsel

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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PAMELA CHO, on behalf of herself and all
others similarly situated,

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Plaintiff,
v.
THE GAP, INC., a Delaware corporation,
GAP (APPAREL) LLC, a California limited
liability company, GAP INTERNATIONAL
SALES, INC., a Delaware corporation, and
DOES 1 – 50, inclusive,
Defendants.

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Case No. 4:24-cv-05206-HSG
JOINT STIPULATION AND
ORDER TO EXTEND BRIEFING
DEADLINES FOR DEFENDANTS’
MOTION TO DISMISS (ECF NO. 6)
(as modified)

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PLEASE TAKE NOTICE that, Pursuant to Civil Local Rules 6-1(a)-(b), 6.2 and 7-12,

2 Plaintiff Pamela Cho, on behalf of herself and all others similarly situated (“Plaintiff”) and
3 Defendants The Gap, Inc., Gap (Apparel) LLC, and Gap International Sales, Inc. (“Defendants” and,
4 together with Plaintiff, the “Parties”) by and through their respective undersigned counsel, hereby
5 submit the following Joint Stipulation to Extend Briefing Deadlines for Defendants’ motion to
6 dismiss, and declare as follows:
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WHEREAS, on July 12, 2024, Plaintiff filed a complaint in the Superior Court of California

8 for the County of San Francisco with the case number CGC-24-616357, and Defendants were served
9 on July 17, 2024;
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WHEREAS, on August 15, 2024, Defendants removed the case to Federal Court. (ECF No.

11 1);
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WHEREAS, on August 20, 2024, Defendants filed a motion to dismiss pursuant to Federal

13 Rules of Civil Procedure 12(b)(6) (the “Motion”), (ECF No. 6);
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WHEREAS, Plaintiff’s response to the Motion is currently due September 3, 2024, and

15 Defendants’ reply is due September 10, 2024;
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WHEREAS, on August 23, 2024, this case was reassigned to this Court, and the hearing on

17 the Motion was taken off calendar (ECF No. 16);
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WHEREAS, the parties are concurrently exploring an informal resolution of this matter,

19 including the possibility of attending private mediation;
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WHEREAS, the Parties agree that an extension of the briefing schedule would provide

21 appropriate time for Plaintiff to respond to the complex issues raised in the Motion as well as time
22 for the parties to further explore the possibility of an informal resolution;
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WHEREAS, the Parties have not previously requested any time modifications to the motion

24 to dismiss briefing schedule or any other deadlines set by the Court.
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the

26 Parties, subject to Court approval, as follows:
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1.

The deadline for Plaintiff to file her response to Defendants’ motion to dismiss is

28 extended to September 26, 2024;
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2.

The deadline for Defendants to file their reply to Plaintiff’s response is extended to

2 October 10, 2024;
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3.

The hearing date for Defendants’ motion to dismiss is to be set thereafter at the

4 Court’s convenience.
5 DATED: August 28, 2024

Respectfully submitted,

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LYNCH CARPENTER LLP

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/s/ Todd D. Carpenter
Todd D. Carpenter (CA 234464)
[e-mail]
Scott G. Braden (SBN 305051)
[e-mail]
James B. Drimmer (SBN 196890)
[e-mail]
1234 Camino del Mar
Del Mar, California 92014
Telephone: [phone]
Facsimile: [phone]

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13 DATED: August 28, 2024
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Attorneys for Plaintiff and Proposed Class Counsel
SKADDEN, ARPS, SLATE, MEAGHER & FLOM
LLP
/s/ Jason D. Russell
Jason D. Russell (SBN 169219)
[e-mail]
Hillary A. Hamilton (SBN 218233)
[e-mail]
300 South Grand Avenue, Suite 3400
Los Angeles, California 90071-3144
Telephone: [phone]
Facsimile: [phone]
Michael W. McTigue Jr. (pro hac vice)
[e-mail]
Meredith C. Slawe (pro hac vice)
[e-mail]
One Manhattan West
New York, New York 10001-8602
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants

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Attestation of Concurrence of Signatories
Pursuant to Local Rule 5-1(i)(3), I hereby attest that all signatories listed above, and on
whose behalf this filing is submitted, concur in the filing’s content, and have authorized the filing.
LYNCH CARPENTER LLP

Dated: August 28, 2024

By: /s/ Todd D. Carpenter
Todd D. Carpenter (SBN 234464)
[e-mail]
Scott G. Braden (SBN 305051)
[e-mail]
James B. Drimmer (SBN 196890)
[e-mail]
1234 Camino del Mar
Del Mar, California 92014
Telephone: [phone]
Facsimile: 619.756.6991
Attorneys for Plaintiff and
Proposed Class Counsel

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CERTIFICATE OF SERVICE
I hereby certify that on the 28th day of August 2024, I will electronically file the foregoing

3 with the Clerk of the Court using the CM/ECF system, which will then send a notification of such
4 filing (NEF) to the following:
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[e-mail]

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[e-mail]

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[e-mail]

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[e-mail]

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And I hereby certify that I will mail the document by U.S. mail to the following non-filing

10 user: NONE.
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12 Dated: August 28, 2024

/s/ Todd D. Carpenter__________________
Todd D. Carpenter

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ORDER

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Pursuant to the Parties’ stipulation, the Court hereby orders as follows:

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1. Plaintiff shall file her opposition to Defendants’ motion to dismiss on or before September

5 26, 2024;
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2. Defendants shall file their reply brief in support of the motion to dismiss on or before

7 October 10, 2024;
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3. The hearing date for Defendants’ motion to dismiss is set for October 24, 2024 at 2:00

9 p.m.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 8/29/2024
Honorable Haywood S. Gilliam, Jr.
United States District Judge