Stearns v. Select Comfort Retail Corporation et al

Filing 74

STIPULATION AND ORDER TO CONTINUE TIME FOR RESPONDING TO THIRD AMENDED COMPLAINT AND TO SET HEARING ON RULE 12 MOTION AND RULE 15 MOTION FOR APRIL 30, 2010 (approving 73 ). Motion Hearing set for 4/30/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 1/19/2010. (jflc2, COURT STAFF) (Filed on 1/20/2010)

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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.

**E-Filed 1/20/2010**

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 THIRD AMENDED COMPLAINT AND TO SET HEARING ON RULE 12 MOTION AND RULE 15 MOTION FOR APRIL 30, 2010 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, by Order dated December 4, 2009, the Court granted Defendants' Motion To Dismiss And Strike The Second Amended Complaint with leave to amend certain claims, excluding claims based upon alleged personal injuries; WHEREAS, the Court advised that Plaintiffs may seek leave of Court to plead claims based upon personal injuries; WHEREAS, Plaintiffs filed and served a Third Amended Complaint on January 4, 2010. Defendants Select Comfort Retail Corporation, Bed Bath & Beyond, Inc., and The Sleep Train, Inc. currently must respond to the Third Amended Complaint, whether by answer or motion, on January 19, 2010; WHEREAS, Defendants intend to file a motion under Rule 12 of the Federal Rules of Civil Procedure in response to Plaintiffs' Third Amended Complaint; WHEREAS, Plaintiffs intend to file a motion under Rule 15 of the Federal Rules of Civil Procedure for leave to amend the Third Amended Complaint to add claims based upon alleged personal injuries; WHEREAS, the parties believe that allowing these motions to be heard by the Court simultaneously will preserve the parties' and the Court's resources by allowing the Court to consider the viability of all remaining claims and potential claims at the same time and reduce the possibility of consecutive motions further extending the pleading stage of this litigation; WHEREAS, the parties agree to extend Defendants' time to respond to the Third Amended Complaint; WHEREAS, the parties have secured a hearing date on the motions and have agreed to a briefing schedule. NOW THEREFORE, the parties hereby agree and stipulate that Defendants' time to respond to the Third Amended Complaint is continued until March 12, 2010. The parties agree that Defendants' Rule 12 motion and Plaintiffs' Rule 15 motion will be heard on April 30, 2010. Said date was reserved with the Clerk prior to the filing of this stipulation. -2STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME Case No. C 08 02746JF

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The parties further agree to the following briefing schedule: The parties' respective motions, including points and authorities, shall be served and filed on or before March 12, 2010. The parties' respective oppositions shall be served and filed on or before April 2, 1010. The parties' respective replies shall be served and filed on or before April 16, 1010. The briefing schedule is in accordance with Local Rule 7.

Dated: January 15, 2010

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.

Dated: January 15, 2010

OPPENHEIMER WOLFF & DONNELLY LLP

By

/s/ Heidi A.O. Fisher Andrew S. Hansen Heidi A.O. Fisher Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION, BED BATH & BEYOND INC., and THE SLEEP TRAIN, INC.

Dated: January 15, 2010

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

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

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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, BED BATH & BEYOND INC., and THE SLEEP TRAIN, 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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[PROPOSED] ------------------- ORDER The Court, having considered the parties' Stipulation and finding good cause therefore, hereby orders: 1. That Defendants' time to respond to the Third Amended Complaint is

continued until March 12, 2010; 2. That Defendants' Rule 12 motion and Plaintiffs' Rule 15 motion will be

heard on April 30, 2010 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 the

parties' respective motions: a. The parties' respective motions, including points and authorities, shall be served and filed on or before March 12, 2010. b. The parties' respective opposition briefs shall be served and filed on or before April 2, 1010. c. The parties' respective reply briefs shall be served and filed on or before April 16, 1010.

By: United States District Court Judge

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