UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
July 21, 2011
MOLLY STEARNS, RUTH ROSE, DENNIS PVT FULLER, BONNIE FULLER, DAN
SCHLESINGER, KAREN WILLIAMS, AND
SELECT COMFORT RETAIL CORPORATION, A MINNESOTA CORPORATION;
BED BATH & BEYOND, INC., A NEW YORK CORPORATION;
THE SLEEP TRAIN, INC., A CALIFORNIA CORPORATION, AND DOES 1 THROUGH 50,000, INCLUSIVE,
The opinion of the court was delivered by: Hon. Jeremy Fogel United States District Court Judge
AMENDED STIPULATION TO ATTEND
MEDIATION AND FOR STAY OF ALL
DEADLINES AND FILING
RESOLUTION OF MEDIATION SESSION;
AND [PROPOSED] ORDER
Local Rule 6-1
Complaint Filed: April 25, 2008
IT IS HEREBY STIPULATED AND AGREED BY ALL PARTIES AND THEIR COUNSEL OF RECORD: 1
WHEREAS, by Order dated March 18, 2011 the Court granted the Parties' Stipulation to Attend Mediation and for Stay of All Deadlines and Filing Requirements Pending Resolution of Mediation Session. [ECF Docket No. 104].
WHEREAS, the parties have selected a Mediator, but based on conflicting schedules of 21 the Mediator, Counsel for plaintiffs, Counsel for defendants and all parties, they have been 22 unable to hold the Mediation Session as of the date of this Stipulation despite scheduling and 23 organizing for the session to be held in May 2011. 24
WHEREAS, the parties and the Mediator have now scheduled a Mediation Session to be 25 held on August 25, 2011. 26
WHEREAS, the parties believe that continuing to stay all current filing deadlines 27 associated with this matter pending the scheduled Mediation Session will preserve the parties' and Court's resources and benefit settlement negotiations by allowing for the 2 Mediation Session without impending filing deadlines as an impediment to further settlement 3 discussions.
WHEREAS, the parties desire to set a schedule for continuing this
litigation should the
Mediation Session fail to end in the settlement of this matter.
NOW THEREFORE, the parties hereby agree and stipulate that this matter and all filing 7 deadlines associated with it, as ordered through prior Stipulations and Amendments thereto, 8 should be stayed pending resolution of the Mediation Session which is scheduled for August 9 25, 2011.
The parties further agree that in the event the parties are unsuccessful in coming to a 11 resolution of this litigation at the conclusion of the Mediation Session, Plaintiffs shall file an 12 operative Fifth Amended Complaint within thirty (30) days of said Mediation Session, and 13 Defendants shall have forty-five (45) days to respond to the Fifth Amended Complaint 14 pursuant to the Federal Rules of Civil Procedure.
Dated: July 18, 2011 BUSTAMANTE, O'HARA & GAGLIASSO By /S/ Andrew V. Stearns Attorneys for Plaintiffs MOLLY STEARNS, RUTH ROSE, DENNIS FULLER, BONNIE FULLER, DAN SCHLESINGER, KAREN WILLIAMS, AND BRIAN WILLIAMS Dated: July 18, 2011 OPPENHEIMER WOLFF & DONNELLY LLP By /S/ Andrew S. Hansen Heidi A.O. Fisher Attorneys for Defendants SELECT COMFORT RETAIL CORPORATION, BED BATH & BEYOND INC., and THE SLEEP TRAIN, INC. 3 this document has been obtained from counsel for Defendants SELECT COMFORT RETAIL 4 Pursuant to General Order No. 45(X)(b), I hereby attest that concurrence in the filing of CORPORATION, BED BATH & BEYOND INC., and THE SLEEP TRAIN, INC, and that I have 5 retained in my possession all signatures of counsel subject to this stipulation.
Andrew V. Stearns
The Court, having considered the parties' Stipulation, the documents and records on 3 file with the Court, and finding good cause therefore, hereby orders: 4 All deadlines in this action continued to be stayed.
The Court understands that a Mediation Session has been scheduled for August 25, 6 2011. Upon completion of the Scheduled Mediation Session and should no agreement to settle 7 the litigation be reached, Plaintiffs shall file an operative Fifth Amended Complaint within 8 thirty (30) days of said Mediation Session, and Defendants shall have forty-five (45) days to 9 respond to the Fifth Amended Complaint pursuant to the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
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