Stearns v. Select Comfort Retail Corporation et al

Filing 39

STIPULATION AND ORDER re 38 To Continue Time for Defendant The Sleep Train, Inc.'s Response to Amended Complaint and To Bind Defendant The Sleep Train, Inc. to the Court's Order Dated November 14, 2008. Signed by Judge Jeremy Fogel on 12/16/08. (dlm, COURT STAFF) (Filed on 12/17/2008)

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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, BED BATH & BEYOND, INC. and THE SLEEP TRAIN, INC. 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 DEFENDANT THE SLEEP TRAIN, INC.'S RESPONSE TO AMENDED COMPLAINT AND TO BIND DEFENDANT THE SLEEP TRAIN, INC. TO THE COURT'S ORDER DATED NOVEMBER 14, 2008 Local Rule 6-1

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STIP. AND [PROPOSED] ORDER TO CONT. TIME FOR DEFT. THE SLEEP TRAIN, INC. TO RESPOND TO AMENDED COMPLAINT - 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 an amended complaint on October 30, 2008. Defendant The Sleep Train, Inc. has been served with the amended complaint. WHEREAS, counsel for Defendants Select Comfort Retail Corporation and Bed Bath & Beyond, Inc. will respond to the amended complaint on behalf of Defendant The Sleep Train, Inc. WHEREAS, upon a Stipulation between Plaintiffs and Defendants Select Comfort Retail Corporation and Bed Bath & Beyond, Inc., the Court ordered that Defendants' time to respond to the amended complaint be continued until January 6, 2009. WHEREAS, in order that all Defendants' responses to the amended complaint are due on the same day, the parties agree to extend Defendant The Sleep Train, Inc.'s time to respond to the amended complaint to January 6, 2009. The parties further agree that Defendant The Sleep Train, Inc. is otherwise bound by the Court's Order dated November 14, 2008. NOW THEREFORE, the parties hereby agree and stipulate that Defendant The Sleep Train, Inc.'s time to respond to the amended complaint is continued until January 6, 2009. The parties agree that Defendant The Sleep Train, Inc. is hereby bound by all other requirements and deadlines set forth in the Court's Order dated November 14, 2008. Dated: December 15, 2008 PILLSBURY WINTHROP SHAW PITTMAN LLP

By

/s/ Dianne L. Sweeney Dianne L. Sweeney Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION, BED BATH & BEYOND INC. and THE SLEEP TRAIN, INC.

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STIP. AND [PROPOSED] ORDER TO CONT. TIME FOR DEFT. THE SLEEP TRAIN, INC. TO RESPOND TO AMENDED COMPLAINT - Case No. C 08 02746JF

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Dated: December 15, 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. and THE SLEEP TRAIN, INC.

Dated: December 11, 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 this 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 RETAIN CORPORATION, BED BATH & BEYOND INC. and THE SLEEP TRAIN, INC. By /s/ Dianne L. Sweeney Dianne L. Sweeney

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STIP. AND [PROPOSED] ORDER TO CONT. TIME FOR DEFT. THE SLEEP TRAIN, INC. TO RESPOND TO AMENDED COMPLAINT - Case No. C 08 02746JF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 12/16/08 IT IS SO ORDERED.

[PROPOSED] ORDER The Court, having considered the parties' Stipulation and finding good cause therefore, hereby orders: 1. Defendant The Sleep Train, Inc.'s time to respond to the amended complaint

is continued until January 6, 2009; 2. Defendant The Sleep Train, Inc. is bound by this Court's Order dated

November 14, 2008.

By: United States District Court Judge

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STIP. AND [PROPOSED] ORDER TO CONT. TIME FOR DEFT. THE SLEEP TRAIN, INC. TO RESPOND TO AMENDED COMPLAINT - Case No. C 08 02746JF