UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 12, 2010
BRIAN KING, MATTHEW SMELSER AND DAWN CONE, INDIVIDUALS, ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED, PLAINTIFFS,
LENSCRAFTERS, INC., LUXOTTICA GROUP S.P.A. AND DOES 1 THROUGH 100, DEFENDANTS.
The opinion of the court was delivered by: The Honorable Susan Illston
STIPULATION & [PROPOSED] ORDER RE CONTINUING DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION
WHEREAS Plaintiffs and defendant Luxottica Retail North America, Inc. (improperly sued as LensCrafters, Inc.) ("Defendant") have met and conferred regarding Plaintiffs First Amended Complaint;
WHEREAS defendant Luxottica Group SpA has not been served in this action;
WHEREAS Plaintiffs intend to file a Second Amended Complaint, which (among other changes) drops Luxottica Group SpA as a defendant in this action;
WHEREAS Plaintiffs have not yet filed their Second Amended Complaint;
WHEREAS the parties are currently ordered to complete an Early Neutral Evaluation session by the end of January;
WHEREAS the Early Neutral Evaluator initially contacted the parties about the Early Neutral Evaluation via correspondence dated December 23, 2009 and has scheduled an initial teleconference with the parties on January 12, 2010;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their respective counsel of record, that the parties deadline to complete an Early Neutral Evaluation sessions shall be continued to June 30, 2010.
IT IS SO STIPULATED.
Pursuant to General Order No. 45, Orrick, Herrington & Sutcliffe LLP attests that concurrence in the filing of the document has been obtained from the other signatories which shall serve in lieu of their signatures on the document.
Dated: January 8, 2010
BRIAN KING, MATTHEW SMELSER & DAWN CONE LYNNE C. HERMLE JULIE A. TOTTEN SARA E. DIONNE Orrick, Herrington & Sutcliffe LLP SARA E. DIONNE Attorneys for Defendant LUXOTTICA RETAIL NORTH AMERICA, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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