Stewart et al v. Kodiak Cakes, LLC
ORDER Granting Parties' Joint Motion to File First Amended Complaint, Extend Time to Respond to First Amended Complaint, and Increasing Rule 12(b) Briefing Page Limits; and Order Denying as Moot Plaintiffs' Motion for Leave to File a First Amended Class Action Complaint [Doc. Nos. 34 , 35 ]. The Court EXTENDS the time in which Defendant must answer or otherwise respond to the Complaint to on or before 10/28/2020. Signed by Judge Michael M. Anello on 9/15/2020. (tcf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
TY STEWART, et al.,
Case No. 19-cv-2454-MMA (MSB)
ORDER GRANTING PARTIES’
JOINT MOTION TO FILE FIRST
AMENDED COMPLAINT, EXTEND
TIME TO RESPOND TO FIRST
AMENDED COMPLAINT, AND
INCREASING RULE 12(b)
BRIEFING PAGE LIMITS; AND
ORDER DENYING AS MOOT
PLAINTIFFS’ MOTION FOR
LEAVE TO FILE A FIRST
AMENDED CLASS ACTION
KODIAK CAKES, LLC,
[Doc. Nos. 34, 35]
The parties jointly move (1) to allow Plaintiffs Ty Stewart, Jocelyn Fielding,
Laureene Buck, and Anna Altomare (“Plaintiffs”) to file a First Amended Complaint
(“FAC”); (2) to allow Kodiak Cakes, LLC (“Defendant”) thirty days from the filing of
the FAC to file its response; and (3) to allow the parties increased page lengths if
Defendant files a Federal Rule of Civil Procedure 12(b) motion in response to the FAC.
See Doc. No. 35.
The Court GRANTS the parties’ joint motion. Pursuant to Federal Rule of Civil
Procedure 15(a)(2), the Court DIRECTS the Clerk of Court to file Plaintiffs’ FAC (Doc.
No. 35-1) as a separate docket entry. Pursuant to Civil Local Rules 7.2 and 12.1 and
good cause appearing, the Court EXTENDS the time in which Defendant must answer or
otherwise respond to the Complaint to on or before October 28, 2020. Pursuant to Local
Civil Rule 7.1.h, the Court INCREASES the page limit for any Rule 12(b) motion filed
by Defendant in response to the FAC to as follows: (1) thirty-five pages for Defendant’s
brief in support of its motion; (2) thirty-five pages for Plaintiffs’ brief in opposition to
Defendant’s motion; and (3) twenty pages for Defendant’s reply brief. Furthermore, in
light of the parties’ joint motion and this Order, the Court DENIES AS MOOT
Plaintiffs’ motion for leave to file a first amended class action complaint (Doc. No. 34).
IT IS SO ORDERED.
Dated: September 15, 2020
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