UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 23, 2011
LILIANA CARDENAS, ON BEHALF OF HERSELF
AND ALL OTHER SIMILARLY SITUATED CALIFORNIA RESIDENTS,
NBTY, INC., A DELAWARE CORPORATION AND REXALL SUNDOWN, INC., A FLORIDA CORPORATION, DEFENDANTS.
JOINT STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT AND RESETTING INITIAL STATUS CONFERENCE
The parties, by and through their undersigned counsel of record, hereby stipulate as follows:
WHEREAS, on June 14, 2011, Plaintiff filed her Complaint and initiated the above-referenced action;
WHEREAS, on July 5, 2011, the parties entered into a stipulation providing that Plaintiff would file an Amended Complaint on July 25, 2011, and on July 25, 2011, Plaintiff filed her First Amended Complaint;
WHEREAS, on August 24, 2011, Defendants' counsel filed a motion to dismiss Plaintiff's First Amended Complaint;
WHEREAS, by and/or as reflected in the Joint Stipulation and Order dated September 26, 2011 [Dkt. #21]: (a) the parties agreed that Plaintiff would file a Second Amended Complaint in lieu of formally opposing Defendants' filed motion to dismiss, and the court granted leave for such amendment; (b) Defendants' time to respond to the Second Amended Complaint was set for November 23, 2011; and (c) the Court continued the initial Status Conference to December 19, 2011, with status reports due fourteen (14) days prior.
WHEREAS, on October 24, 2011, Plaintiff filed her Second Amended Complaint, and Defendants are concurrently filing their Motion to Dismiss the Second Amended Complaint; and WHEREAS, the parties have met and conferred about setting a mutually agreeable briefing schedule that takes into account, among other things, the Court's available hearing dates, the upcoming holidays, and the pre-existing scheduling conflicts and obligations of each party's counsel; and
WHEREAS, the parties further agree that it would be most efficient and facilitate the parties' ability to meet and confer about the matters required for their status reports if the initial Status Conference were continued until after Defendants' Motion to Dismiss the Second Amended Complaint is heard and decided; and
WHEREAS, the parties further agree that by entering into this stipulation Defendants do not waive any defenses or submit to the jurisdiction of the Court.
NOW, THEREFORE, the parties stipulate as follows:
1. Plaintiff shall file any Opposition brief to Defendants Motion to Dismiss the Second Amended Complaint on or before December 23, 2011.
3. Defendants shall file any Reply brief on or before January 24, 2012.
4. Defendants' motion will be set for hearing on February 13, 2012 at 10:00 a.m.
5. The initial Pretrial Status Conference shall be continued to February 27, 2012 at 1:30 p.m.
Dated: November 23, 2011 SIDLEY AUSTIN LLP By: /s/ David R. Carpenter David R. Carpenter Attorneys for Defendants NBTY, Inc., and Rexall Sundown, Inc. Dated: November 23, 2011 BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. By: /s/ Patricia N. Syverson Patricia N. Syverson Attorneys for Plaintiff Liliana Cardenas
IT IS SO ORDERED.
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