Romero v. Flowers Bakeries, LLC

Filing 16

ORDER APPROVING 15 STIPULATION TO CONTINUE DEADLINES TO FILE PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND DEFENDANT'S REPLY. Responses due by 2/6/2015. Replies due by 2/20/2015. Signed by Hon. Beth Labson Freeman on 1/12/2015. (blflc2, COURT STAFF) (Filed on 1/12/2015)

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Anthony J. Orshansky, Cal. Bar No. 199364
[e-mail]
COUNSELONE, PC
9301 Wilshire Blvd., Suite 650
Beverly Hills, California 90210
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
KELLY ROMERO, on behalf of herself
and others similarly situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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KELLY ROMERO, on behalf of herself and
others similarly situated,

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Plaintiff,
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v.
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FLOWERS BAKERIES, LLC, dba NATURE’S )
OWN, a Georgia corporation, and DOES 1
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through 50, inclusive,
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Defendant.
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Case No. 5:14-cv-05189-BLF
CLASS ACTION
[Assigned to the Honorable Beth Labson
Freeman]
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINES
TO FILE PLAINTIFF’S OPPOSITION
TO DEFENDANT’S MOTION TO
DISMISS AND DEFENDANT’S REPLY

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Case No. 5:14-cv-05189-BLF
Stipulation and [Proposed] Order to Continue Deadlines to File Plaintiff’s
Opposition to Defendant’s Motion Dismiss and Defendant’s Reply

COMES NOW Plaintiff Kelly Romero (“Plaintiff”) and Defendant Flowers Bakeries,

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LLC, dba Nature’s Own (“Defendant”), by and through their respective counsel, to hereby

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stipulate to continue the deadlines for Plaintiff to file her Opposition to Defendant’s Motion to

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Dismiss or Stay Pursuant to Rule 12(b)(1) and 12(b)(6) (the “Motion to Dismiss”) and

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Defendant’s Reply to Plaintiff’s Opposition.
WHEREAS, Defendant filed a Motion to Dismiss Plaintiff’s Complaint on January 2,

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2015;
WHEREAS, Plaintiff’s Opposition to Defendant’s Motion to Dismiss is due to be filed by

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January 16, 2015;
WHEREAS, Defendant’s Reply to Plaintiff’s Opposition is due to be filed by January 23,

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2015;

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WHEREAS, the hearing on the Motion to Dismiss currently is scheduled for April 16,
2015;

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WHEREAS, the parties have stipulated to enlarge the time to file the Opposition and Reply
briefs;

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WHEREAS, no previous modifications have been requested regarding this matter;

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WHEREAS, the parties request that the Court grant short extensions of time to file the

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Opposition and Reply to Defendant’s Motion to Dismiss;
WHEREAS, the requested extensions do not require the Court to continue the date of
hearing, which is set for April 16, 2015;
WHEREAS, there is good cause for enlarging the time to file the Opposition and Reply

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briefs because additional time is required to allow counsel to prepare papers that adequately

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represent their respective clients’ interests, as well as because the parties are meeting and

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conferring regarding the Complaint and the Motion to Dismiss;

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NOW, THEREFORE, it is hereby stipulated by the parties, through their respective

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counsel of record, that the date by which Plaintiff must file her Opposition to Defendant’s Motion

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to Dismiss shall be continued for three weeks, from January 16, 2015 through and including

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-1Case No. 5:14-cv-05189-BLF
Stipulation and [Proposed] Order to Continue Deadlines to File Plaintiff’s
Opposition to Defendant’s Motion Dismiss and Defendant’s Reply

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February 6, 2015, and the time in which Defendant must file its Reply to Plaintiff’s Opposition

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shall be extended from one week to two weeks following the filing of Plaintiff’s Opposition, from

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February 13, 2015 through and including February 20, 2015.

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IT IS SO STIPULATED.

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Dated: January 9, 2015

Dated: January 9, 2015

COUNSELONE, PC

CROWELL & MORING LLP

/s/ Anthony J. Orshansky
Anthony J. Orshansky
Attorney for Plaintiff
KELLY ROMERO

/s/ Joel D. Smith____
Jennifer S. Romano
Joel D. Smith
Attorneys for Defendant
FLOWERS BAKERIES, LLC dba
NATURE’S OWN

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Anthony J. Orshansky attests that Joel D. Smith has consented to the filing of this
document.

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/s/ Anthony J. Orshansky
Anthony J. Orshansky

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
January 12, 2015
DATED: ____________________

By: ________________________
Beth Labson Freeman
United States District Judge

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Case No. 5:14-cv-05189-BLF
Stipulation and [Proposed] Order to Continue Deadlines to File Plaintiff’s
Opposition to Defendant’s Motion Dismiss and Defendant’s Reply