The opinion of the court was delivered by: The Honorable Jeremy Fogel
STIPULATION AND [PROPOSED] ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE Date: March 4, 2011 Time: 10:30 Place: Courtroom 3, 5th Floor
Plaintiff Juvenal Robles and Defendant Lucky Brand Dungarees, Inc. ("Lucky Brand"), by and through their counsel, stipulate:
1. Plaintiff filed his Class Action Complaint on October 26, 2010, alleging defendant Lucky Brand violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, by sending an unsolicited text message to plaintiff's cellular telephone in the summer of
2. Lucky Brand answered the complaint on January 10, 2011, alleging, among 8 other things, various defenses that included issues involving consent, authorization, and other elements of plaintiff's statutory claims. (Dkt. No. 15.)
3. On January 21, 2011, the Court held a case scheduling conference and ordered 11 the parties to participate in a settlement conference before Magistrate Judge Lloyd and to return and report the result of that conference to the Court on March 4, 2011. (See Dkt. No. 13
4. Defendant Lucky Brand hired an ad agency, Lime Public Relations
Promotion, to conduct a promotional campaign. The ad agency hired subcontractors to structure and execute a text message element of the promotional campaign.
5. Although not presently parties to this litigation, both plaintiff
and defendant believe the participation of these third parties in
the settlement conference is necessary to ensure a productive
settlement conference. In addition, most of the documents necessary to
evaluate the strength of plaintiff's claim and defendant's defenses
are in the possession of these third parties. Lucky Brand has
issued subpoenas to Merkle, Inc. and Take 5 Solutions,2
6. In light of these developments, the March 4th deadline to complete the settlement conference and report back to the Court does not allow the parties sufficient time to collect and evaluate this third party discovery or to coordinate the participation of these third parties in the settlement conference. Defendant Lucky Brand is actively arranging the attendance of these third parties for the ordered settlement conference.
2008. (Dkt. No. 1.) 18.) LLC in order to collect their documents.
7. The parties, therefore, respectfully request an additional forty-two (42) days to complete the settlement conference and further request the Court continue the March 4th Case Scheduling Conference to April 15, 2011 or to any date thereafter that is convenient to the Court.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By / Brian R. Blackman CRAIG CARDON BRIAN R. BLACKMAN Attorneys for Defendant LUCKY BRAND DUNGAREES, INC. Dated: February 11, 2011 EDELSON MCGUIRE LLP By /s/ Sean ...