Kane v. Chobani, Inc

Filing 34

Order by Hon. Lucy H. Koh granting in part and denying in part 31 Stipulation.(lhklc1, COURT STAFF) (Filed on 10/2/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 KATIE KANE, individually and on behalf of all ) others similarly situated, ) ) Plaintiff, ) v. ) ) CHOBANI, INC., also known as AGRO) FARMA, INC. ) ) Defendant. ) ) Case No. 12-CV-02425-LHK ORDER RE: JOINT STIPULATION RE: (1) FILING OF SECOND AMENDED COMPLAINT, AND (2) BRIEFING AND HEARING SCHEDULES ON DEFENDANT’S MOTION TO DISMSISS AND PLAITNIFF’S MOTION FOR PRELIMINARY INJUNCTION The parties have filed a Joint Stipulation re: (1) Filing of Second Amended Complaint, and 17 (2) Briefing and Hearing Schedules on Defendant’s Motion to Dismiss and Plaintiff’s Motion for 18 Preliminary Injunction (“Stipulation”). ECF No. 31. The Court, having considered the Stipulation, 19 and for good cause shown, ORDERS as follows: 20 (1) Plaintiff shall file her second amended complaint (“Second Amended Complaint”) no later 21 than October 10, 2012; 22 (2) In light of the Second Amended Complaint, Defendant no longer has a deadline of October 23 12, 2012 to answer or otherwise respond to the Amended Complaint; 24 (3) Defendant’s deadline to respond to the Second Amended Complaint shall be November 12, 25 2012; 26 27 28 1 Case No.: 12-CV-02425-LHK ORDER RE: JOINT STIPULATION RE: (1) FILING OF SECOND AMENDED COMPLAINT, AND (2) BRIEFING AND HEARING SCHEDULES ON DEFENDANT’S MOTION TO DISMSISS AND PLAITNIFF’S MOTION FOR PRELIMINARY INJUNCTION 1 (4) Defendant shall have until November 2, 2012 to file its opposition to Plaintiff’s motion for 2 a preliminary injunction, and Plaintiff shall have until December 3, 2012 to file her reply; 3 and (5) The Parties’ request that Defendant’s yet to be filed motion to dismiss the Second Amended 5 Complaint be heard on January 24, 2012 is DENIED. If Defendant intends to file a motion 6 to dismiss the Second Amended Complaint, Defendant shall contact the Court and request a 7 hearing date before Defendant files its motion. Should the Parties wish to change the due 8 date for Plaintiff’s opposition to Defendant’s motion to dismiss, or the due date for 9 United States District Court For the Northern District of California 4 Defendant’s reply in support of Defendant’s motion to dismiss, they must file a stipulation 10 setting forth the amended briefing schedule after Defendant has filed its motion to dismiss. 11 12 IT IS SO ORDERED. 13 Dated: October 2, 2012 ________________________________ LUCY H. KOH United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-02425-LHK ORDER RE: JOINT STIPULATION RE: (1) FILING OF SECOND AMENDED COMPLAINT, AND (2) BRIEFING AND HEARING SCHEDULES ON DEFENDANT’S MOTION TO DISMSISS AND PLAITNIFF’S MOTION FOR PRELIMINARY INJUNCTION

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