Stewart et al v. Kodiak Cakes, LLC

Filing 36

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TY STEWART, et al., Case No. 19-cv-2454-MMA (MSB) Plaintiffs, 12 13 v. 14 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 KODIAK CAKES, LLC, Defendant. 15 16 17 18 19 20 21 [Doc. Nos. 34, 35] 22 23 The parties jointly move (1) to allow Plaintiffs Ty Stewart, Jocelyn Fielding, 24 Laureene Buck, and Anna Altomare (“Plaintiffs”) to file a First Amended Complaint 25 (“FAC”); (2) to allow Kodiak Cakes, LLC (“Defendant”) thirty days from the filing of 26 the FAC to file its response; and (3) to allow the parties increased page lengths if 27 Defendant files a Federal Rule of Civil Procedure 12(b) motion in response to the FAC. 28 See Doc. No. 35. 1 19-cv-2454-MMA (MSB) 1 The Court GRANTS the parties’ joint motion. Pursuant to Federal Rule of Civil 2 Procedure 15(a)(2), the Court DIRECTS the Clerk of Court to file Plaintiffs’ FAC (Doc. 3 No. 35-1) as a separate docket entry. Pursuant to Civil Local Rules 7.2 and 12.1 and 4 good cause appearing, the Court EXTENDS the time in which Defendant must answer or 5 otherwise respond to the Complaint to on or before October 28, 2020. Pursuant to Local 6 Civil Rule 7.1.h, the Court INCREASES the page limit for any Rule 12(b) motion filed 7 by Defendant in response to the FAC to as follows: (1) thirty-five pages for Defendant’s 8 brief in support of its motion; (2) thirty-five pages for Plaintiffs’ brief in opposition to 9 Defendant’s motion; and (3) twenty pages for Defendant’s reply brief. Furthermore, in 10 light of the parties’ joint motion and this Order, the Court DENIES AS MOOT 11 Plaintiffs’ motion for leave to file a first amended class action complaint (Doc. No. 34). 12 IT IS SO ORDERED. 13 14 Dated: September 15, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 19-cv-2454-MMA (MSB)

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