Robles v. Lucky Brand Dungarees, Inc.

Filing 31

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 30 . Case Management Conference set for 5/13/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 4/13/11. (dlm, COURT STAFF) (Filed on 4/13/2011)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
2 Including Professional Corporations
P. CRAIG CARDON, Cal. Bar No. 168646
3 [e-mail]
BRIAN BLACKMAN, Cal. Bar No. 196996
4 [e-mail]
ELIZABETH S. BERMAN, Cal. Bar No. 252377
5 [e-mail]
4 Embarcadero Center, 17th Floor
6 San Francisco, California 94111-4109
Telephone: [phone]
7 Facsimile: 415.434.3947
8 Attorneys for Defendant
LUCKY BRAND DUNGAREES, INC.
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10 SEAN REIS (SBN 184004)
[e-mail]
11 EDELSON MCGUIRE, LLP
12 30021 Tomas Street, Suite 300
Rancho Santa Margarita, California 92688
13 Telephone: [phone]
Facsimile: [phone]
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15 Attorney for Plaintiff JUVENAL ROBLES
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUVENAL ROBLES,

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Plaintiff,
v.

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LUCKY BRAND DUNGAREES, INC.,

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Case No. 10-cv-04846 JF (HRL)
STIPULATION AND -------------------[PROPOSED]
ORDER CONTINUING THE CASE
MANAGEMENT CONFERENCE
Date: April 15, 2011
Time: 10:30
Place: Courtroom 3, 5th Floor
The Honorable Jeremy Fogel

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Defendant.

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W02-WEST:5BB\403298228.1

STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

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Plaintiff Juvenal Robles and Defendant Lucky Brand Dungarees, Inc. (“Lucky

2 Brand”), by and through their counsel, stipulate:
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1.

Plaintiff filed his Class Action Complaint on October 26, 2010, alleging

4 defendant Lucky Brand violated the Telephone Consumer Protection Act, 47 U.S.C. § 227,
5 by sending an unsolicited text message to plaintiff's cellular telephone in the summer of
6 2008. (Dkt. No. 1.)
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2.

Lucky Brand answered the complaint on January 10, 2011, alleging, among

8 other things, various defenses that included issues involving consent, authorization, and
9 other elements of plaintiff's statutory claims. (Dkt. No. 15.)
3.

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On January 21, 2011, the Court held a case scheduling conference and ordered

11 the parties to participate in a settlement conference before Magistrate Judge Lloyd and to
12 return and report the result of that conference to the Court on March 4, 2011. (See Dkt. No.
13 18.)
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4.

On February 24, 2011, the Court granted the parties' Stipulation to continue

15 the March 4, 2011 status hearing so discovery related to third parties potentially involved in
16 the text message promotional campaign at issue in the Complaint could be evaluated and to
17 arrange the attendance of these third parties at the settlement conference. (Dkt. 24.)
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5.

On March 25, 2011, counsel for the parties secured the first date available on

19 Magistrate Judge Lloyd's calendar that was convenient for Plaintiff, Defendant, and the third
20 parties Lime Public Relations + Promotion, Merkle, Inc., and Take 5 Solutions, LLC, which
21 was April 29, 2011 at 9:30 a.m. (See Dkt. 29.)
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6.

The parties, therefore, respectfully request the Court continue the April 15th

23 Case Scheduling Conference to May 13, 2011 at 10:30 a.m. or to any date thereafter that is
24 convenient to the Court.
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IT IS SO STIPULATED.

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-1W02-WEST:5BB\403298228.1

STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

1 Dated: April 8, 2011
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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/s/ Brian R. Blackman
CRAIG CARDON
BRIAN R. BLACKMAN
Attorneys for
Defendant LUCKY BRAND DUNGAREES, INC.

7 Dated: April 8, 2011
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EDELSON MCGUIRE LLC

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By

/s/ Ryan D. Andrews
RYAN D. ANDREWS
SEAN REIS
Attorneys for
Plaintiff JUVENAL ROBLES

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STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

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CERTIFICATION
I, Brian Blackman, am the ECF User whose identification and password are being

3 used to file this Stipulation And [Proposed] Order Continuing The Case Management
4 Conference. In compliance with General Order 45.X.B., I hereby attest that Ryan D.
5 Andrews has concurred in this filing.
6 Dated: April 8, 2011
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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/s/ Brian R. Blackman
BRIAN R. BLACKMAN
Attorneys for
Defendant LUCKY BRAND DUNGAREES, INC.

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STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

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ORDER

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Having considered the parties' stipulation and good cause appearing, the Court

3 continues the Case Scheduling Conference to May 13, 2011 at 10:30 a.m.
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IT IS SO ORDERED.

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5 Dated: April __, 2011

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___________________________
The Honorable Jeremy Fogel
United States District Judge

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STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE