The opinion of the court was delivered by: The Honorable Jeremy Fogel
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporation P. CRAIG CARDON, Cal. Bar No. 168646 3 email@example.com BRIAN BLACKMAN, Cal. Bar No. 196996 4 firstname.lastname@example.org ELIZABETH S. BERMAN, Cal. Bar No. 252377 5 email@example.com 4 Embarcadero Center, 17th Floor San Francisco, California 94111-4109 Telephone: 415.434.9100 Facsimile: 415.434.3947 Attorneys for Defendant LUCKY BRAND DUNGAREES, INC. SEAN REIS (SBN 184004) firstname.lastname@example.org EDELSON MCGUIRE, LLP 30021 Tomas Street, Suite 300 Rancho Santa Margarita, California 92688 Telephone: (949) 459-2124 Facsimile: (949) 459-2123 Attorney for Plaintiff JUVENAL ROBLES
STIPULATION AND [PROPOSED] ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE
Date: April 15, 2011 Time: 10:30 Place: Courtroom 3, 5th Floor
Plaintiff Juvenal Robles and Defendant Lucky Brand Dungarees, Inc. ("Lucky 2 Brand"), by and through their counsel, stipulate: 3
1. Plaintiff filed his Class Action Complaint on October 26, 2010, alleging 4 defendant Lucky Brand violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, 5 by sending an unsolicited text message to plaintiff's cellular telephone in the summer of 6
2. Lucky Brand answered the complaint on January 10, 2011, alleging, among 8 other things, various defenses that included issues involving consent, authorization, and 9 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 12 return and report the result of that conference to the Court on March 4, 2011. (See Dkt. No. 13
4. On February 24, 2011, the Court granted the parties' Stipulation to continue 15 the March 4, 2011 status hearing so discovery related to third parties potentially involved in 16 the text message promotional campaign at issue in the Complaint could be evaluated and to 17 arrange the attendance of these third parties at the settlement conference. (Dkt. 24.)
Magistrate Judge Lloyd's calendar that was convenient for Plaintiff, Defendant, and the third 20 parties Lime Public Relations Promotion, Merkle, Inc., and Take 5 Solutions, LLC, which 21 was April 29, 2011 at 9:30 a.m. (See Dkt. 29.)
Case Scheduling Conference to May 13, 2011 at 10:30 a.m. or to any date thereafter that is 24 convenient to the Court.
5. On March 25, 2011, counsel for the parties secured the first date available on
6. The parties, therefore, respectfully request the Court ...