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Betty Dukes, Patricia Surgeson v. Wal-Mart Stores

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 23, 2012

BETTY DUKES, PATRICIA SURGESON,
EDITH ARANA, DEBORAH GUNTER AND CHRISTINE KWAPNOSKI, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WAL-MART STORES, INC.,
DEFENDANT.

The opinion of the court was delivered by: Charles R. Breyer United States District Judge

STIPULATION AND ORDER REGARDING FILING OF SUPPLEMENTAL MEMORANDUM IN SUPPORT OF WAL-MART'S MOTION TO DISMISS FOURTH AMENDED COMPLAINT

The undersigned counsel, on behalf of Betty Dukes, Patricia Surgeson, Edith Arana, Deborah Gunter, and Christine Kwapnoski ("Named Plaintiffs") and Defendant Wal-Mart Stores, Inc. ("Wal-24 Mart"), hereby stipulate and agree as follows: 25

WHEREAS, on January 3, 2012, pursuant to a stipulation of the parties, this Court established 26 a briefing schedule on Wal-Mart's Motion to Dismiss the Fourth Amended Complaint, see Dkt. 780; 27

WHEREAS, on January 13, 2012, Wal-Mart filed its Motion to Dismiss the Fourth Amended Complaint and a Memorandum of Points and Authorities in Support Thereof, see Dkt. 781;

WHEREAS, Wal-Mart wishes to file a supplemental memorandum in support of its motion to 2 dismiss, not to exceed five pages, to assert an argument regarding the timeliness of the plaintiffs' 3 class allegations; 4

WHEREAS, Wal-Mart has agreed that Named Plaintiffs may have an additional five pages 5 and seven days in which to respond to all of the arguments made in support of Wal-Mart's motion to 6 dismiss; 7

WHEREAS, counsel for Named Plaintiffs have agreed to Wal-Mart's proposal and consented 8 to the filing of the supplemental memorandum on the terms stated; and 9

WHEREAS, the stipulated changes to the briefing schedule described below do not alter the 10 date by which any reply brief by Wal-Mart shall be filed, such that all briefing shall be completed by 11 the same date as was previously ordered by the Court, see Dkt. 769, 780; 12 THEREFORE, the Named Plaintiffs and Wal-Mart stipulate and agree as follows:

1. Wal-Mart may file a Supplemental Memorandum of Points and Authorities in Support 14 of its Motion to Dismiss the Fourth Amended Complaint no later than March 21, 2012 that shall not 15 exceed 5 pages; 16

2. Named Plaintiffs' response to Wal-Mart's Motion to Dismiss the Fourth Amended Complaint shall be filed no later than March 30, 2012 and shall not exceed 50 pages; 18

3. The deadline for the filing of Wal-Mart's reply, if one is to be filed, shall remain 19 unchanged as April 13, 2012; 20

4. The hearing date set for Wal-Mart's Motion to Dismiss shall be May 7, 2012 at 10:00 a.m.. 3 4

IT IS SO STIPULATED. 5

Dated: March 21, 2012 6 By: /s/ Brad Seligman _ By: /s/ Theodore J. Boutrous, Jr. 7 Brad Seligman (SBN 083838) Theodore J. Boutrous, Jr. (SBN 132099) Jocelyn D. Larkin (SBN 110817) GIBSON, DUNN & CRUTCHER LLP THE IMPACT FUND 333 South Grand Avenue 125 University Avenue Los Angeles, CA 90071 9 Berkeley, CA 94710 Telephone: 213.229.7000 Telephone: 510.845.3473 Facsimile: 213.229.7520 10 Facsimile: 510.845.3654 11 Attorneys for Plaintiffs Attorney for Defendant 12

I, Theodore J. Boutrous, Jr., attest that concurrence in the filing of this document has been obtained from the other signatory.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 16 17

IT IS SO ORDERED

20120323

© 1992-2012 VersusLaw Inc.



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