Werdebaugh-v-Blue Diamond Growers

Filing 52

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

Case5:12-cv-02724-LHK Document47 Filed07/01/13 Page1 of 3

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Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHRIS WERDEBAUGH, individually
and on behalf of all others similarly
situated,

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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

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Defendant.

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Hearing Date: October 3, 2013
Mediation Deadline: July 12, 2013

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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;

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WHEREAS, Plaintiff requires more time to prepare his response to the Motion;

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WHEREAS, the parties have a pending mediation deadline of July 12, 2013, and believe

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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

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Dismiss shall be due on July 22, 2013, and Defendant’s Reply shall be due on August 23, 2013,

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and the Hearing date remains unchanged and set for October 3, 2013 at 1:30 PM.

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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.

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Dated: July 1, 2013

Dated: July 1, 2013

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/s/ Pierce Gore
Pierce Gore

/s/ Megan Oliver Thompson
Megan Oliver Thompson
HANSON BRIDGETT LLP
[e-mail]
425 Market Street, 26th Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff
Chris Werdebaugh

Attorney for Defendant
Blue Diamond Growers

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ORDER
23rd
IT IS SO ORDERED, this the ____ day of July, 2013.

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Hon. Lucy H. Koh
United States District Judge
Northern District of California.

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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.

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/s/ Pierce Gore
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BEN F. PIERCE GORE

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Stipulation and [Proposed] Order Re Briefing Schedule on Defendant’s Motion to Dismiss Amended Complaint
Case No. 5:12-cv-02724-LHK