Li v. A Perfect Day Franchise, Inc

Filing 297

ORDER and Stipulation to Enlarge Briefing Schedule. Signed by Judge Lucy H. Koh on 11/17/2011. (lhklc2, COURT STAFF) (Filed on 11/17/2011)

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MONIQUE OLIVIER (SBN 190385)
([e-mail])
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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JAMES C. STURDEVANT (SBN 94551)
([e-mail])
THE STURDEVANT LAW FIRM
A Professional Corporation
354 Pine Street, Fourth Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and the Class
and Counterdefendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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GUIFU LI, MENG YANG, FANG DAI,
LIN CUI, and ZHONG YU on behalf of
themselves and all others similarly situated,

Case No. CV 10-01189 LHK (PSG)
CLASS ACTION

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Plaintiffs,
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vs.
A PERFECT DAY FRANCHISE, INC., a
California corporation, et al.,

STIPULATION AND [PROPOSED] ORDER TO
ENLARGE BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO DISMISS
(DKT. 283)

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Defendants.
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MINJIAN HAND HEALING INSTITUTE,
INC., a California corporation,

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Courtroom: 4, 5th Floor
Judge:
Hon. Lucy H. Koh

Counterclaimant,
vs.

Complaint Filed: March 22, 2010

FANG DAI, and individual; ZHONG YU, an
individual; LIN CUI, and individual; and
DOES 11-30, inclusive,
Counterdefendants.

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STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. CV 10-01189 LHK (PSG)

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WHEREAS on November 2, 2011, Defendants’ filed a Motion to Dismiss (Dkt. 283), which,
pursuant to Local Rule 7-3, set the briefing and hearing schedule as follows:

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

Opposition Due

November 16, 2011

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

Reply Due

November 23, 2011

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

Hearing date

January 5, 2012

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WHEREAS on November 11, 2011 the parties submitted a Stipulation and Proposed Order to

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Enlarge the Briefing Schedule on Defendant’s Motion to Dismiss (Dkt. 293), which the Court

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granted on November 14, 2011 (Dkt. 295) as follows:

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

Opposition Due

November 23, 2011

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

Reply Due

December 7, 2011

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WHEREAS on November 14, 2011 (the same day the Court granted the extension), the Court

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issued a notice continuing the motion hearing date from January 5, 2012 to February 9, 2012 to

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correspond with the hearing date for dispositive motions. (Dkt. 294.)

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WHEREAS the discovery cut-off in this case is set for December 2, 2011. (Dkt. 254.)

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WHEREAS the parties have been actively engaged in discovery in anticipation of the

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discovery deadline. The parties have noticed and subpoenaed multiple depositions to occur during

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the month of November, 2011 and are actively setting additional depositions. The parties have also

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filed several motions to compel which are pending before the Court and for which a hearing has

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been set on November 21, 2011.

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STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. CV 10-01189 LHK (PSG)

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IT IS HEREBY STIPULATED by and between the parties, through their respective attorneys

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of record, that the briefing schedule on Defendants’ Motion to Dismiss (Dkt. 283) shall be amended

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as follows:

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

Opposition Due

December 21, 2011

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

Reply Due

January 11, 2012

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Dated: November 17, 2011

THE STURDEVANT LAW FIRM
A Professional Corporation

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By: /s/ Monique Olivier
Monique Olivier

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Attorneys for Plaintiffs and the Putative Class and
Counterdefendants

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP

Dated: November 17, 2011

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LAW OFFICES OF RICHARD WAHNG
By: /s/ Lee E. Sheldon
Lee Edwin Sheldon
Attorneys for Defendants and Counterclaimant

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ATTESTATION UNDER GENERAL ORDER 45
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I, Monique Olivier, am the ECF user whose ID and password are being used to file this
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STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON
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DEFENDANTS’ MOTION TO DISMISS (DKT. 283). In compliance with General Order 45, I
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hereby attest that Lee Sheldon, counsel for Defendants, has concurred in this filing.
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Dated: November 17, 2011

/s/ Monique Olivier
Monique Olivier

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STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. CV 10-01189 LHK (PSG)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The briefing schedule on Defendants’ Motion to Dismiss (Dkt. 283) shall be amended as
follows:


Opposition Due

December 21, 2011



Reply Due

January 11, 2012

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November 17, 2011
DATED: ______________________

By: _______________________________________
HONORABLE LUCY H. KOH
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS
CASE NO. CV 10-01189 LHK (PSG)