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Lawrence Brandon, On Behalf of v. the Frs Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 21, 2012

LAWRENCE BRANDON, ON BEHALF OF
HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
THE FRS COMPANY, D/B/A THE FRS HEALTHY ENERGY COMPANY,
DEFENDANT.

The opinion of the court was delivered by: The Hon. Richard Seeborg

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 2 Including Professional Corporations NEIL A.F. POPOVI Ć , Cal. Bar No. 132403 3 npopovic@sheppardmullin.com LAI L. YIP, Cal. Bar No. 258029 4 lyip@sheppardmullin.com Four Embarcadero Center, 17th Floor 5 San Francisco, California 94111-4109 Telephone: 415.434.9100 6 Facsimile: 415.434.3947 7 Attorneys for Defendant The FRS Company 8

STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING SETTLEMENT DISCUSSIONS AND INFORMAL DISCOVERY, AND TO CONTINUE CASE MANAGEMENT CONFERENCE

[No Hearing Required]

Complaint Filed: December 23, 2011 Trial Date: None Set

WHEREAS plaintiff Lawrence Brandon and defendant The FRS Company ("FRS") seek a stay of the case for sixty (60) days to pursue settlement discussions and 4 exchange limited informal discovery in furtherance of those discussions; 5

WHEREAS the only time modifications in this case to date are: (1) the Clerk's notice rescheduling the Case Management Conference from April 5, 2012 to April 7 12, 2012, after reassignment to Judge Seeborg (Dkt # 7); (2) the parties' stipulation to 8 extend time for FRS to respond to the complaint, to February 24, 2012 (Dkt #8); and 9 (3) the parties' stipulation to extend the briefing schedule for FRS's Motion to Strike 10 Portions of Complaint ("Motion"), such that plaintiff's opposition would be due March 16, 11 2012 and FRS's reply would be due March 29, 2012 (Dkt #12); and 12

WHEREAS a stay of the case for sixty (60) days would only affect the 13 schedule of the case by (1) staying the case up to and including May 21, 2012; (2) lifting 14 the stay on May 22, 2012; (3) extending the deadline for FRS to file its reply in support of 15 the Motion from March 29, 2012, to June 4, 2012, thirteen days after the stay is lifted; 16 (4) continuing the hearing on the Motion from April 12, 2012, to June 21, 2012, or a 17 subsequent date convenient to the Court; (5) continuing the Case Management Conference 18 from April 12, 2012, to June 21, 2012, or a subsequent date convenient to the Court; and 19 (6) extending the deadline for the parties to file their respective ADR Certifications to May 20 25, 2012, three days after the stay is lifted on May 22, 2012, 21

THEREFORE, pursuant to Local Rules 6-2, 7-12, and 16-2(e), and Judge Seeborg's Standing Order Re: Initial Case Management, the parties through their 23 undersigned counsel stipulate, subject to the Court's approval, as follows: 24

(1) the case is stayed for sixty days, up to and including May 21, 2012;

(2) the stay will be lifted on May 22, 2012;

(3) the deadline for FRS to file its reply in support of the Motion is 27 extended to June 4, 2012; 28

(4) the hearing on the Motion is continued from April 12, 2012 at 1:30 2 p.m. to June 21, 2012 at 1:30 p.m., or whatever subsequent date and time is convenient to 3 the Court; 4

(5) the Case Management Conference is continued from April 12, 2012 at 10:00 a.m. to June 21, 2012 at 10:00 a.m., or whatever subsequent date and time is 6 convenient to the Court; and 7

(6) the deadline for the parties to file their respective ADR Certifications 8 is extended to May 25, 2012. 9

CERTIFICATION

I, Neil A.F. Popovi ć , am the ECF User whose identification and password 3 are being used to file this STIPULATION AND [PROPOSED] ORDER TO STAY CASE 4 PENDING SETTLEMENT DISCUSSIONS AND INFORMAL DISCOVERY, AND TO 5 CONTINUE CASE MANAGEMENT CONFERENCE. Pursuant to General Order 45, 6 section X.B, I attest that Rosemary M. Rivas has concurred in this filing. 7

Dated: March 21, 2012 8 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By /s/ Neil A.F. Popović NEIL A.F. POPOVI Ć Attorneys for Defendant THE FRS COMPANY

[PROPOSED] ORDER

Having considered the Stipulation and [Proposed] Order to Stay Case Pending Settlement Discussions and Informal Discovery; and to Continue Case 4 Management Conference entered into by plaintiff Lawrence Brandon and defendant The 5 FRS Company ("FRS"), and good cause appearing therefor, 6

IT IS ORDERED THAT:

(1) the case is stayed for sixty days, up to and including May 21, 2012;

(2) the stay will be lifted on May 22, 2012;

(3) the deadline for FRS to file its reply in support of its Motion to Strike Portions of Complaint ("Motion") is extended to June 4, 2012;

(4) the hearing on the Motion is continued from April 12, 2012 at 1:30 12 p.m. to June 21, 2012 at 1:30 p.m.; 13

(5) the Case Management Conference is continued from April 12, 2012 at 10:00 a.m. to June 21, 2012 at 10:00 a.m.; and 15

(6) the deadline for the parties to file their respective ADR Certifications 16 is extended to May 25, 2012. 17

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Honorable Richard Seeborg United States District Judge

20120321

© 1992-2012 VersusLaw Inc.



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