Stearns v. Select Comfort Retail Corporation et al

Filing 36

STIPULATION AND ORDER TO CONTINUE TIME FOR RESPONDING TO AMENDED COMPLAINT, TO SET HEARING ON RULE 12 MOTION FOR FEBRUARY 13, 2009, AND TO CONTINUE CASE MANAGEMENT CONFERENCE. Motion Hearing set for 2/13/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 11/14/08. (jflc2, COURT STAFF) (Filed on 11/14/2008)

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PILLSBURY WINTHROP SHAW PITTMAN LLP VERNON H. GRANNEMAN (SBN 083532) [e-mail] DIANNE L. SWEENEY (SBN 187198) [e-mail] 2475 Hanover Street Palo Alto, CA 94304-1114 Telephone: [phone] Facsimile: [phone] OPPENHEIMER WOLFF & DONNELLY LLP ANDREW S. HANSEN (admitted Pro Hac Vice) [e-mail] HEIDI A. O. FISHER (admitted Pro Hac Vice) [e-mail] MEGHAN M. ANZELC (admitted Pro Hac Vice) [e-mail] Plaza VII, Suite 3300 45 South Seventh Street Minneapolis, MN 55402 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION and BED BATH & BEYOND, INC.

**E-Filed 11/14/08**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) Plaintiffs, ) ) vs. ) ) SELECT COMFORT RETAIL ) CORPORATION, a Minnesota Corporation; ) BED BATH & BEYOND INC., a New York ) Corporation; THE SLEEP TRAIN, INC., a ) California Corporation, and DOES 1 through ) 50,000, inclusive, ) ) Defendants. ) ) MOLLY STEARNS, individually and on behalf of all those similarly situated, Case No. C 08 02746 JF PVT STIPULATION AND -----------------[PROPOSED] ORDER TO CONTINUE TIME FOR RESPONDING TO AMENDED COMPLAINT, TO SET HEARING ON RULE 12 MOTION FOR FEBRUARY 13, 2009, AND TO CONTINUE CASE MANAGEMENT CONFERENCE Local Rule 6-1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME Case No. C 08 02746JF

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WHEREAS, Plaintiffs Molly Stearns, Ruth Rose, Dennis Fuller, Bonnie Fuller, Dan Schlesinger, Karen Williams, and Brian Williams filed and served an amended complaint on October 30, 2008. Defendants Select Comfort Retail Corporation and Bed Bath & Beyond, Inc. currently must respond to the amended complaint, whether by answer or motion, on November 13, 2008. WHEREAS, Defendants intend to file a motion under Rule 12 of the Federal Rules of Civil Procedure in response to Plaintiffs' amended complaint. WHEREAS, the parties agree to extend Defendants' time to respond to the amended complaint. The parties further agree to continue all other deadlines, including the pretrial conference set for December 12, 2008, until after the Court has decided Defendants' motion. WHEREAS, the parties have secured a hearing date on the motion and have agreed to a briefing schedule. NOW THEREFORE, the parties hereby agree and stipulate that Defendants' time to respond to the amended complaint is continued until January 6, 2009. The parties agree that Defendants' Rule 12 motion will be heard on February 13, 2009 at 9:00 a.m. Said date was reserved with the Clerk prior to the filing of this stipulation. The parties further agree to the following briefing schedule: Defendants' motion, including points and authorities, shall be served and filed on or before January 6, 2009. Plaintiffs' opposition shall be served and filed on or before January 15, 2009. Defendants' reply shall be served and filed on or before January 23, 2009. The briefing schedule is in accordance with Local Rule 7. The parties further agree that all other deadlines, including the pretrial conference set for December 12, 2008, shall be continued until after the Court decides Defendants' motion.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME Case No. C 08 02746JF

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Dated: November 13, 2008

PILLSBURY WINTHROP SHAW PITTMAN LLP

By

/s/ Dianne L. Sweeney Dianne L. Sweeney Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION AND BED BATH & BEYOND INC.

Dated: November 13, 2008

OPPENHEIMER WOLFF & DONNELLY LLP

By

/s/ Andrew S. Hansen Andrew S. Hansen Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION AND BED BATH & BEYOND INC.

Dated: November 13, 2008

BUSTAMANTE, O'HARA & GALIASSO By /s/ Andrew V. Stearns Andrew V. Stearns Attorneys for Plaintiffs MOLLY STEARNS, RUTH ROSE, DENNIS FULLER, BONNIE FULLER, DAN SCHLESINGER, KAREN WILLIAMS, AND BRIAN WILLIAMS

GENERAL ORDER 45(X)(B) STATEMENT Pursuant to General Order No. 45(X)(b), I hereby attest that concurrence in the filing of this document has been obtained from counsel for Plaintiffs MOLLY STEARNS, RUTH ROSE, DENNIS FULLER, BONNIE FULLER, DAN SCHLESINGER, KAREN WILLIAMS, and BRIAN WILLIAMS and co-counsel for Defendants SELECT COMFORT RETAIL CORPORATION and BED BATH & BEYOND INC. By /s/ Dianne L. Sweeney Dianne L. Sweeney

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME Case No. C 08 02746JF

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------------------ ORDER [PROPOSED] The Court, having considered the parties' Stipulation and finding good cause therefore, hereby orders: 1. That Defendants' time to respond to the amended complaint is continued

until January 6, 2009; 2. That Defendants' Rule 12 motion will be heard on February 13, 2009 at 9:00

a.m. Said date was reserved with the Clerk prior to the filing of this stipulation; 3. That the parties shall comply with the following schedule relating to

Defendants' Rule 12 motion: a. Defendants' motion, including points and authorities, shall be served and filed on or before January 6, 2009; Plaintiffs' opposition shall be served and filed on or before January 15, 2009; Defendants' reply shall be served and filed on or before January 23, 2009. That all other deadlines, including the pretrial conference set for December

12, 2008, shall be continued until a date to be ordered by the Court after the Court decides Defendants' Rule 12 motion.

By: United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME Case No. C 08 02746JF