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Liliana Cardenas, On Behalf of Herself and All Other Similarly Situated California Residents v. Conference Nbty

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 22, 2012

LILIANA CARDENAS, ON BEHALF OF HERSELF AND ALL OTHER SIMILARLY SITUATED CALIFORNIA RESIDENTS,
PLAINTIFF,
v.
CONFERENCE NBTY, INC., A DELAWARE CORPORATION AND REXALL SUNDOWN, INC., A FLORIDA CORPORATION, DEFENDANTS.

BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. ANDREW S. FRIEDMAN (admitted pro hac vice) ELAINE A. RYAN (admitted pro hac vice) PATRICIA N. SYVERSON (203111) 2901 N. Central Ave., Suite 1000 Phoenix, AZ 85012 afriedman@bffb.com eryan@bffb.com psyverson@bffb.com Telephone: (602) 274-1100 Attorneys for Plaintiff Kara L. McCall (admitted pro hac vice) kmccall@sidley.com SIDLEY AUSTIN LLP One South Dearborn Street Chicago, Illinois 60603 Telephone: (312) 853-7000 Facsimile: (312) 853-7036 David R. Carpenter, SBN 230299 drcarpenter@sidley.com Cameron J. Johnson, SBN 266729 cameron.johnson@sidley.com SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 Attorneys for Defendants NBTY, Inc. and Rexall Sundown, Inc.

THIRD JOINT STIPULATION AND ORDER ON DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT HEARING AND RESETTING INITIAL STATUS

The parties, by and through their undersigned counsel of record, hereby stipulate as follows:

WHEREAS, on October 24, 2011, Plaintiff filed her Second Amended Complaint; and

WHEREAS, Defendants filed their Motion to Dismiss the Second Amended Complaint on November 23, 2011 and briefing on Defendants' Motion was completed on January 24, 2012; and

WHEREAS, on January 31, 2012, Plaintiff's counsel notified Defendants' counsel of a scheduling conflict with the February 13, 2012 hearing date that the parties had previously agreed to.

The parties agreed to reschedule the hearing for Defendants' Motion to February 27, 2012, or as soon thereafter as was convenient for the Court;

WHEREAS, on February 21, 2012 the Court rescheduled the hearing for Defendants' Motion to March 12, 2012 at 10:00 a.m.;

WHEREAS, on February 21, 2012, Plaintiff's counsel notified Defendants' counsel of a scheduling conflict with the March 12, 2012 hearing date. The parties agreed to reschedule the hearing for Defendants' Motion to April 23, 2012, or as soon thereafter as is convenient for the Court;

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, currently set for March 26, 2012, with joint reports due two weeks prior thereto, were continued until after Defendants' Motion to Dismiss the Second Amended Complaint is heard and decided.

NOW, THEREFORE, the parties stipulate as follows:

1. Defendants' motion will be re-set for hearing on April 23, 2012 at 10:00 a.m.

2. The initial Pretrial Status Conference shall be continued until June 25, 2012 at 2:00 p.m.

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on February 22, 2012, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail notice list, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the Manual Notice list.

I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on February 22, 2012.

By: s/ Patricia N. Syverson BONNETT FAIRBOURN FRIEDMAN & BALINT, PC 2901 North Central Avenue, Suite 1000 Phoenix, Arizona 85012 602-274-1100 602-274-1199 facsimile Email: psyverson@bffb.com

20120222

© 1992-2012 VersusLaw Inc.



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