Lopez, et al v. Iovate Health Sciences, et al

Filing 8

STIPULATION and ORDER signed by Judge John A. Mendez on 6/25/2009 ORDERING 7 that defendants shall have until 8/3/2009, to answer or otherwise respond to the complaint in this present action. (Reader, L)[Transferred from California Eastern on 10/23/2009.]

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTURO J. GONZÁLEZ (BAR NO. 121490) ERIN M. BOSMAN (BAR NO. 204987) WILLIAM F. TARANTINO (BAR NO. 215343) ALEXANDRIA A. AMEZCUA (BAR NO. 247507) MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 Telephone: 415-268-7000 Facsimile: 415.268.7522 Attorneys for Defendant(s) IOVATE HEALTH SCIENCES, INC.; IOVATE HEALTH SCIENCES U.S.A., INC.; MUSCLETECH RESEARCH AND DEVELOPMENT, INC.; VITAMIN SHOPPE INDUSTRIES, INC.; and GENERAL NUTRITION CENTERS, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ALEJANDRO M. JIMENEZ, an individual; and CHRISTOPHER LOPEZ, an individual; on behalf of themselves and all others similarly situated, Plaintiffs, v. IOVATE HEALTH SCIENCES, INC., IOVATE HEALTH SCIENCES USA, INC., MUSCLETECH RESEARCH AND DEVELOPMENT, INC.; VITAMIN SHOPPE INDUSTRIES, INC., GENERAL NUTRITION CENTERS, INC., and DOES 1 through 50, inclusive Defendants. Case No. 09-CV-01473-JAM-KJM STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT Judge: Hon. John A. Mendez Magistrate: Hon. Kimberly J. Mueller sf-2704220 STIPULATION AND PDF created with pdfFactory trial version [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil Local Rules 6-144 and 83-143 of this Court, Plaintiffs ALEJANDRO M. JIMENEZ and CHRISTOPHER LOPEZ, on behalf of themselves and all others similarly situated and the general public, and defendants IOVATE HEALTH SCIENCES, INC.; IOVATE HEALTH SCIENCES U.S.A., INC.; MUSCLETECH RESEARCH AND DEVELOPMENT, INC.; VITAMIN SHOPPE INDUSTRIES, INC.; and GENERAL NUTRITION CENTERS, INC. (collectively "Defendants") hereby submit the following Stipulation to Extend Time to Respond to Complaint ("Stipulation"):1 1. Defendants require additional time to assess Messrs. Jimenez and Lopez's claims. Within the past 30 days, Defendants have been sued in related matters in purported class actions in more than 10 different states, and only last week, plaintiffs in class actions filed in the Southern District of California moved for transfer to a single district court in San Diego, pursuant to 28 U.S.C. § 1407. Defendants have been very busy locating counsel for these various matters. Defendants require additional time to review the claims with counsel and to respond to each of the several allegations, including those that require significant investigation within Defendants' respective organizations. 2. In light of Defendants' need for additional time, and in accordance with Local Rule 6-144 of this Court, the parties request that the Court order that Defendants shall have until August 3, 2009, to answer or otherwise respond to the complaint in the present action. Defendants appear for purposes of this Stipulation only, and expressly reserve their right to contest service and this Court's jurisdiction. 1 1 sf-2704220 STIPULATION AND PDF created with pdfFactory trial version [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 25, 2009 ARTURO J. GONZÁLEZ ERIN M. BOSMAN WILLIAM F. TARANTINO ALEXANDRIA A. AMEZCUA MORRISON & FOERSTER LLP By: /s/ Alexandria A. Amezcua ALEXANDRIA A. AMEZCUA Attorneys for Defendant(s) IOVATE HEALTH SCIENCES, INC.; IOVATE HEALTH SCIENCES U.S.A., INC.; MUSCLETECH RESEARCH AND DEVELOPMENT, INC.; VITAMIN SHOPPE INDUSTRIES, INC.; and GENERAL NUTRITION CENTERS, INC. Dated: June 25, 2009 JAMES M. LINDSAY GENE J. STONEBARGER RICHARD D. LAMBERT LINSDAY & STONEBARGER BY: /s/ Gene J. Stonebarger_______________ (as authorized on June 24, 2009) GENE J. STONEBARGER Attorneys for Plaintiffs ALEJANDRO M. JIMENEZ and CHRISTOPHER LOPEZ, and all others similarly situated and the general public IT IS SO ORDERED. Dated: June 25, 2009 /s/ John A. Mendez___________ The Honorable John A. Mendez 2 sf-2704220 PDF created with pdfFactory trial version www.pdffactory.com STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?