Stearns v. Select Comfort Retail Corporation et al

Filing 95

STIPULATION AND ORDER TO CONTINUE TIME FOR: (1) FILING OF PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND (2) RESPONDING TO PLAINTIFFS' FIFTH AMENDED COMPLAINT. Signed by Judge Jeremy Fogel on 8/19/10. (dlm, COURT STAFF) (Filed on 8/19/2010)

Stearns v. Select Comfort Retail Corporation et al

Doc. 95

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Robert M. Gagliasso, Esq. SBN 162082 Andrew V. Stearns, Esq. SBN 164849 Steven M. Berki, Esq. SBN 245426 BUSTAMANTE, O'HARA & GAGLIASSO River Park Tower 333 W. San Carlos St., 8th Floor San Jose, California 95110 Telephone: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs MOLLY STEARNS, RUTH ROSE, DENNIS FULLER, BONNIE FULLER, DAN SCHLESINGER, KAREN WILLIAMS and BRYAN WILLIAMS

UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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MOLLY STEARNS, RUTH ROSE, DENNIS FULLER, BONNIE FULLER, DAN SCHLESINGER, KAREN WILLIAMS, AND BRYAN WILLIAMS 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.

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Case No. C08 02746 JF PVT STIPULATION TO CONTINUE TIME FOR: (1) FILING OF PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND (2) RESPONDING TO PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND ----------------- ORDER [PROPOSED] Local Rule 6-1 Complaint Filed: April 25, 2008

IT IS HEREBY STIPULATED AND AGREED BY ALL PARTIES AND THEIR COUNSEL OF RECORD:

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TIME FOR (1) FILING OF PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND (2) RESPONDING TO PLAINTIFFS' FIFTH AMENDED COMPLAINT

Dockets.Justia.com

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WHEREAS, by Order dated July 21, 2010, the Court granted Defendants' motion to strike Plaintiffs' class allegations and dismiss the Third Amended Complaint; and denied Plaintiffs' motion for leave to file Fourth Amended Complaint. [ECF Docket No. 93]. WHEREAS, the Court advised that Plaintiffs may file a new pleading as limited by the Order. [EFC Docket No. 93]. WHEREAS, Plaintiffs intend to file and serve the Fifth Amended Complaint by August 20, 2010 in conformance with the Court's Order dated July 21, 2010. WHEREAS, the parties are currently engaged in settlement negotiations involving the all claims and parties involved in this litigation. Settlement negotiations are ongoing and are not completed. WHEREAS, the parties believe that allowing further time for filing and responding to the Fifth Amended Complaint will preserve the parties' and Court's resources and benefit settlement negotiations. WHEREAS, the parties agree to extend Plaintiffs' time to file the Fifth Amended Complaint past August 20, 2010; WHEREAS, the parties agree to extend Defendants' time to respond to the Fifth Amended Complaint by fourteen (14) days. NOW THEREFORE, the parties hereby agree and stipulate that Plaintiffs' time to file the Fifth Amended Complaint is continued until September 22, 2010. The parties further agree that Defendants' response to Plaintiffs' Fifth Amended Complaint is hereby extended by fourteen (14) days. This extension does not affect the fourteen (14) day timeline for responding pursuant to Federal Rules of Civil Procedure. Dated: August 19, 2010 BUSTAMANTE, O'HARA & GALIASSO

By

/S/_____________________ 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 CONTINUE TIME FOR (1) FILING OF PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND (2) RESPONDING TO PLAINTIFFS' FIFTH AMENDED COMPLAINT

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Dated: August 19, 2010

OPPENHEIMER WOLFF & DONNELLY LLP

By

/S/_____________________ Andrew S. Hansen Heidi A.O. Fisher Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION, BED BATH & BEYOND INC., and THE SLEEP TRAIN, INC. PILLSBURY WINTHROP SHAW PITTMAN LLP Dianne L. Sweeney Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION, BED BATH & BEYOND INC., and THE SLEEP TRAIN, INC.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TIME FOR (1) FILING OF PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND (2) RESPONDING TO PLAINTIFFS' FIFTH AMENDED COMPLAINT

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GENERAL ORDER 45(X)(B) STATEMENT
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TIME FOR (1) FILING OF PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND (2) RESPONDING TO PLAINTIFFS' FIFTH AMENDED COMPLAINT

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 Defendants SELECT COMFORT RETAIL CORPORATION, BED BATH & BEYOND INC., and THE SLEEP TRAIN, INC. and counsel for Plaintiffs MOLLY STEARNS, RUTH ROSE, DENNIS FULLER, BONNIE FULLER, DAN SCHLESINGER, KAREN WILLIAMS, and BRIAN WILLIAMS. By /S/_____________ Andrew V. Stearns

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----------------- ORDER [PROPOSED] The Court, having considered the parties' Stipulation, the documents and records on file with the court, and finding good cause therefore, hereby orders: Plaintiffs' time to file the Fifth Amended Complaint is continued until September 22, 2010; and Defendants time to respond to the Fifth Amended Complaint is extended fourteen (14) days. This extension to defendants does not affect the fourteen (14) day timeline for responding pursuant to Federal Rules of Civil Procedure.

IT IS SO ORDERED. 8/19/10

Dated:
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By: Hon. Jeremy Fogel United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TIME FOR (1) FILING OF PLAINTIFFS' FIFTH AMENDED COMPLAINT; AND (2) RESPONDING TO PLAINTIFFS' FIFTH AMENDED COMPLAINT