Park v. Dole Fresh Vegetables, Inc.

Filing 31

Order by Hon. Lucy H. Koh granting 27 Stipulation.(lhklc1, COURT STAFF) (Filed on 5/28/2013)

Case5:13-cv-00872-LHK Document27 Filed05/17/13 Page1 of 5

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Marc L. Godino, State Bar No. 182689
E-Mail: [e-mail]
Michael M. Goldberg, State Bar No. 188669
E-Mail: [e-mail]
Casey Edwards Sadler, State Bar No. 274241
E-Mail: [e-mail]
GLANCY BINKOW & GOLDBERG, LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone No. [phone]
Fax No.: [phone]

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Attorneys for Plaintiff ANDREW PARK

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Charles A. Danaher, State Bar No. 144604
E-Mail: [e-mail]
Theona Zhordania, State Bar No. 254428
E-Mail: [e-mail]
MCKENNA LONG & ALDRIDGE LLP
300 South Grand Avenue, Suite 1400
Los Angeles, California 90071
Telephone No.: 213.688.1000
Fax No.: 213.452.8031
Attorneys for Defendant DOLE FRESH VEGETABLES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREW PARK, on Behalf of
Himself and All Other Persons
Similarly Situated,
Plaintiff,

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v.

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DOLE FRESH VEGETABLES, INC.,

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Defendant.

Case No. CV13-0872 PSG
[CLASS ACTION]
STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING
SCHEDULE FOR DEFENDANT’S
MOTION TO DISMISS
Date: October 3, 2013
Time: 1:30 p.m.
Crtm: 8

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STIPULATION AND PROPOSED ORDER

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Case No. CV13-0872 PSG

Case5:13-cv-00872-LHK Document27 Filed05/17/13 Page2 of 5

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WHEREAS, on May 9, 2013, plaintiff Andrew Park (“Plaintiff”) filed his First

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Amended Class Action Complaint against defendant Dole Fresh Vegetables, Inc.

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(“Defendant”);

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WHEREAS, on May 13, 2013, Defendant filed its Motion to Dismiss Plaintiff

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Andrew Park’s First Amended Complaint Or, In The Alternative, To Strike Portions Of

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The First Amended Complaint ( “Motion to Dismiss”);

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WHEREAS, Plaintiff’s opposition to the Motion to Dismiss is currently due on
May 28, 2013;
WHEREAS, Defendant’s Reply in support of its Motion to Dismiss is currently
due on June 4, 2013;
WHEREAS, the hearing on the Motion to Dismiss is currently scheduled for
October 3, 2013;

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WHEREAS, Plaintiff needs additional time to respond to the Complaint due to

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several other pending briefing deadlines that fall around the deadline for the opposition

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brief in this case, including, but not limited to: an opposition to a motion to dismiss in

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PB Property Management, Inc. v. Goodman Manufacturing Company, L.P. et al, Case

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No. 12-cv-01366 (M.D. FL) due May 23, 2013; a motion for class certification in

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Anderson v. Jamba Juice Company, Case No. 12-cv-01213 (N.D. CA) due May 31,

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2013; and an opposition to a petition for writ of certiorari to the U.S. Supreme Court in

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Toyota Motor Corp. v. Choi, No. 12-1230 (U.S.) due on June 12, 2013;

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WHEREAS, pursuant to Local Rule 6-2, Plaintiff and Defendant may request

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through stipulation, an order changing time that would affect the date of an event or

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deadline already fixed by Court order, or that would accelerate or extend time frames

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set in the Local Rules or in the Federal Rules;

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WHEREAS, Plaintiff and Defendant have agreed that Plaintiff shall file his
opposition to the Motion to Dismiss no later than June 18, 2013;
WHEREAS, Plaintiff and Defendant have agreed that Defendant shall file a
Reply in support of its Motion to Dismiss no later than July 12, 2013;
STIPULATION AND PROPOSED ORDER

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Case No. CV13-0872 PSG

Case5:13-cv-00872-LHK Document27 Filed05/17/13 Page3 of 5

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WHERAS, this stipulated briefing schedule is not being sought for purposes of

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delay, but rather so that this matter may be fairly and reasonably litigated and so that

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justice may be done;
WHERAS, No prior extension concerning the Motion to Dismiss has been

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requested or obtained.

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IT IS HEREBY STIPULATED between Plaintiff and Defendant that:

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Plaintiff shall file his opposition to the Motion to Dismiss no later than June 18,

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2013.
Defendant shall file a Reply in support of its Motion to Dismiss no later than July
12, 2013.
The October 3, 2013 hearing date on the Motion to Dismiss will remain
unchanged.

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DATED: May 17, 2013

MCKENNA LONG & ALDRIDGE LLP

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By: /s/Theona Zhordania
Charles A. Danaher
Theona Zhordania
Attorneys for Defendant
DOLE FRESH VEGETABLES, INC.

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DATED: May 17, 2013

GLANCY BINKOW & GOLDBERG, LLP

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By: /s/Marc L. Godino
Marc L. Godino
Attorneys for Plaintiff
ANDREW PARK

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PURSUANT TO STIPULATION, IT IS SO ORDERED,

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Date:______________
May 28, 2013

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STIPULATION AND PROPOSED ORDER

______________________________
Honorable Lucy H. Koh
United States District Court Judge
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Case No. CV13-0872 PSG