Li v. A Perfect Day Franchise, Inc

Filing 136

ORDER Granting Stipulated Extension of Time to File Reply Brief. Signed by Judge Lucy H. Koh on 12/14/2010. (lhklc2, COURT STAFF) (Filed on 12/15/2010)

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Richard Wahng (SBN 225672) Lee E. Sheldon (SBN 263310) Law Offices of Richard C. J. Wahng 152 Anza Street, Suite 201 Fremont, CA 94539 [phone] Telephone [phone] Fax Attorney for Defendants, A Perfect Day Franchise, Inc., Minjian Hand Healing Institute, Inc., Tailiang Li, and Jin Qui

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STIPULATION AND PROPOSED ORDER AMENDING BRIEFING SCHEDULE
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NORTHERN DISTRICT OF CALIFORNIA GUIFU LI, MENG WANG, FANG DAI, LIN Case No. CV10-01189 LHK (PVT) CUI, and ZHONG YU, on behalf of themselves and all others similarly situated, CLASS ACTION Plaintiffs, vs. A PERFECT FRANCHISE, INC, a California Corporation; et. al. Defendants. STIPULATION AND [PROPOSED ORDER] AMENDING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS Courtroom: 4, 5th Floor Judge: Hon. Lucy H. Koh

Whereas on September 3, 2010, Defendants Re-Noticed their Motion to Dismiss Proceedings and Compel Arbitration for December 2, 2010. [Dkt. No. 73.] Whereas on November 3, 2010, Plaintiffs and Defendants stipulated to a modification of the briefing schedule to allow the parties time to complete necessary discovery. [Dkt. No. 121.] Whereas on November 5, 2010, the Court granted the parties' stipulation and set Defendants' Motion to Dismiss Proceedings and Compel Arbitration for hearing on January 27, 2010. [Dkt. No. 123.] Whereas Defendants' Reply Brief is currently due on December 16, 2010.

Case No. CV10-01189LHK

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Whereas as December 8, 2010, Plaintiffs filed and served Defendants with Plaintiffs' Opposition to Defendants' Motion to Dismiss Proceeding and the supporting declarations of counsel and a former worker at A Perfect Day, named FENG WANG.

Whereas the parties have met and conferred and Plaintiffs have agreed to produce FENG WANG for deposition on December 17, 2010, the day after Defendants Reply Brief is currently due. Whereas the parties agree that good cause exists to modify the briefing schedule. Whereas the parties agree to act in good faith and to complete the deposition of FENG WANG on December 17, 2010, and to further meet and confer on outstanding discovery matters. Accordingly, the parties propose the following briefing schedule:

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Deadline to file reply papers Hearing

December 23, 2010 January 27, 2010 at 1:30pm

Dated: December 10, 2010

/S/ Lee Sheldon Attorney for Defendant A Perfect Day Franchise, Inc., Minjian Hand Healing Institute, Inc., Jin Qui and Tailiang Li Dated: December 10, 2010

/S/ Monique Olivier Attorney for Plaintiffs and Putative Plaintiff Class

STIPULATION AND PROPOSED ORDER AMENDING BRIEFING SCHEDULE
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Case No. CV10-01189LHK

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Dated: December 10, 2010

/S/ Theresa Muley Attorney for Defendant Tom Schriner

ATTESTATION OF SIGNATURES UNDER GENERAL ORDER 45 I, Lee E. Sheldon, attest that the concurrence in the filing of the document has been obtained from each of the other signatories, which shall serve in lieu of their respective signatures. /S/ Lee Sheldon PURSUANT TO STIPULATION, IT IS SO ORDERED:

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STIPULATION AND PROPOSED ORDER AMENDING BRIEFING SCHEDULE
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December 14, 2010 DATED:________________________

BY: ________________________ Hon. Lucy H. Koh United States Magistrate Judge

Case No. CV10-01189LHK