Robles v. Lucky Brand Dungarees, Inc.

Filing 34

STIPULATION AND ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE (approving 33 ). The Case Management Conference set for 5/13/2011 is CONTINUED to 6/24/2011 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 5/10/2011. (jflc2, COURT STAFF) (Filed on 5/10/2011)

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

**E-Filed 5/10/2011**

8 Attorneys for Defendant
LUCKY BRAND DUNGAREES, INC.
9
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]
14
15 Attorney for Plaintiff JUVENAL ROBLES
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18
19 JUVENAL ROBLES,

Case No. 10-cv-04846 JF (HRL)

20

SUBSEQUENT CASE MANAGEMENT
STATEMENT; STIPULATION AND
--------------------- ORDER CONTINUING
[PROPOSED]
THE CASE MANAGEMENT
CONFERENCE

Plaintiff,

21
22

v.

23
24 LUCKY BRAND DUNGAREES, INC.,
25
Defendant.

26

Date: May 13, 2011
Time: 10:30 a.m.
Place: Courtroom 3, 5th Floor
The Honorable Jeremy Fogel

27
28

W02-WEST:5BB\403515037.1

CASE MGT STATEMENT, STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

1

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

2 Brand”), by and through their counsel, respectfully submit the following subsequent joint
3 case management statement and stipulation to continue the case management conference
4 presently set for May 13, 2011:
5

1.

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

6 defendant Lucky Brand violated the Telephone Consumer Protection Act, 47 U.S.C. § 227,
7 by sending an allegedly unsolicited text message to plaintiff's cellular telephone in the
8 summer of 2008. (Dkt. No. 1.)
9

2.

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

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

12

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

13 the parties to participate in a settlement conference before Magistrate Judge Lloyd and to
14 return and report the result of that conference to the Court on March 4, 2011. (See Dkt. No.
15 18.)
16

4.

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

17 the March 4, 2011 status hearing until April 15, 2011, so discovery related to third parties
18 potentially involved in the text message promotional campaign at issue in the Complaint
19 could be evaluated and to arrange the attendance of these third parties at the settlement
20 conference. (Dkt. 24.)
21

5.

On April 13, 2011, the Court again granted the parties’ Stipulation to continue

22 the case management conference until after the parties completed the settlement conference
23 with Magistrate Judge Lloyd. (Dkt. 31.)
24

6.

On April 29, 2011, Plaintiff, Defendant, third parties Lime Public Relations +

25 Promotion, Merkle, Inc., and Take 5 Solutions, LLC, and certain insurers participated in a
26 settlement conference with Judge Lloyd. At the settlement conference, Plaintiff, Defendant,
27 the third parties, and insurers candidly discussed their various positions about the litigation
28 and settlement. During these discussions, it was determined that limited focused discovery
-1W02-WEST:5BB\403515037.1

CASE MGT STATEMENT, STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

1 or information was required to continue productive discussions toward resolution. Upon the
2 recommendation of Judge Lloyd, Plaintiff, Defendant, the third parties, and insurers agreed
3 to return for a further settlement conference on June 23, 2011, at 10:00 a.m. (See Dkt. 32.)
4 Plaintiff is currently in the process of diligently obtaining from additional third parties the
5 discovery and information needed to proceed with discussions of resolution at the further
6 settlement conference with Judge Lloyd.
7

7.

The parties, therefore, respectfully request the Court continue the May 13th

8 Case Scheduling Conference to June 24, 2011 at 10:30 a.m. or to any date thereafter that is
9 convenient to the Court.
10

IT IS SO STIPULATED.

11 Dated: May 9, 2011
12

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

13
By

14
15
16

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

17 Dated: May 9, 2011
18

EDELSON MCGUIRE LLC

19
20

By

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

21
22
23
24
25
26
27
28
-2W02-WEST:5BB\403515037.1

CASE MGT STATEMENT, STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

1
2

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

3 used to file this Subsequent Case Management Statement; Stipulation And [Proposed] Order
4 Continuing The Case Management Conference. In compliance with General Order 45.X.B.,
5 I hereby attest that Ryan D. Andrews has concurred in this filing.
6 Dated: May 9, 2011
7

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

8
By

9
10
11

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

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1W02-WEST:5BB\403515037.1

CASE MGT STATEMENT, STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

1

ORDER

2

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

3 continues the Case Scheduling Conference to June 24, 2011 at 10:30 a.m.
4

IT IS SO ORDERED.

10
5 Dated: May __, 2011

6
___________________________
The Honorable Jeremy Fogel
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1W02-WEST:5BB\403515037.1

CASE MGT STATEMENT, STIP. & ORDER CONTINUING
CASE MANAGEMENT CONFERENCE