Werdebaugh-v-Blue Diamond Growers

Filing 52

Order by Hon. Lucy H. Koh granting 47 Stipulation.(lhklc1, COURT STAFF) (Filed on 7/23/2013)

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Case5:12-cv-02724-LHK Document47 Filed07/01/13 Page1 of 3 1 4 Ben F. Pierce Gore (SBN 128515) PRATT & ASSOCIATES 1871 The Alameda, Suite 425 San Jose, CA 95126 Telephone: (408) 429-6506 Fax: (408) 369-0752 pgore@prattattorneys.com 5 Attorney for Plaintiff 2 3 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 10 11 CHRIS WERDEBAUGH, individually and on behalf of all others similarly situated, 12 13 14 Plaintiff, v. Case No. 5:12-cv-02724-LHK STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT AND SCHEDULED MEDIATION DEADLINE BLUE DIAMOND GROWERS, Judge: Hon. Lucy H. Koh 15 Defendant. 16 Hearing Date: October 3, 2013 Mediation Deadline: July 12, 2013 17 18 19 20 21 22 23 24 Pursuant to the Court’s scheduling Order of June 24, 2013 (Dkt. 45), the parties, through their undersigned counsel, hereby stipulate and agree as follows: WHEREAS, on June 24, 2013, Defendant filed a Motion to Dismiss First Amended Complaint (Dkt. 46) (the “Motion”); WHEREAS, pursuant to Local Rule 7-3, Plaintiff’s deadline to respond to the Motion is July 8, 2013; 25 WHEREAS, Plaintiff requires more time to prepare his response to the Motion; 26 WHEREAS, the parties have a pending mediation deadline of July 12, 2013, and believe 27 28 that mediation will be more productive after the Court’s ruling on Defendant’s Motion; The parties hereby STIPULATE that Plaintiff’s Response to Defendant’s Motion to Stipulation and [Proposed] Order Re Briefing Schedule on Defendant’s Motion to Dismiss Amended Complaint Case No. 5:12-cv-02724-LHK Case5:12-cv-02724-LHK Document47 Filed07/01/13 Page2 of 3 1 Dismiss shall be due on July 22, 2013, and Defendant’s Reply shall be due on August 23, 2013, 2 and the Hearing date remains unchanged and set for October 3, 2013 at 1:30 PM. 3 4 5 The parties further STIPULATE that the mediation deadline be re-scheduled to 60 days after the Court files its order on Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint. IT IS SO STIPULATED. 6 7 Dated: July 1, 2013 Dated: July 1, 2013 8 /s/ Pierce Gore Pierce Gore /s/ Megan Oliver Thompson Megan Oliver Thompson HANSON BRIDGETT LLP moliverthompson@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, California 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 9 10 11 12 13 Attorney for Plaintiff Chris Werdebaugh Attorney for Defendant Blue Diamond Growers 14 15 16 ORDER 23rd IT IS SO ORDERED, this the ____ day of July, 2013. 17 18 19 Hon. Lucy H. Koh United States District Judge Northern District of California. 20 21 22 23 24 ATTESTATION In compliance with Local Rule 5-1 (i)(3), the filer of this document hereby attests that the concurrence to the filing of this document has been obtained from the other signatories thereto. 25 26 /s/ Pierce Gore ___ BEN F. PIERCE GORE 27 28 2 Stipulation and [Proposed] Order Re Briefing Schedule on Defendant’s Motion to Dismiss Amended Complaint Case No. 5:12-cv-02724-LHK

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