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Lawrence Brandon, On Behalf of Himself and All Others Similarly Situated v. the Frs Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 18, 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 EXTEND STAY PENDING SETTLEMENT DISCUSSIONS AND INFORMAL DISCOVERY, AND TO CONTINUE CASE MANAGEMENT CONFERENCE

[No Hearing Required]

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

STIPULATION

WHEREAS plaintiff Lawrence Brandon and defendant The FRS Company ("FRS") seek to extend the stay of this case, for an additional seventy-five (75) days, to 4 continue pursuing settlement discussions and exchange limited informal discovery in 5 furtherance of those discussions; *fn1

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 12, 2012, after reassignment to Judge Seeborg (Dkt # 7); (2) the parties' stipulation to 9 extend time for FRS to respond to the complaint, to February 24, 2012 (Dkt #8); (3) the 10 parties' stipulation to extend the briefing schedule for FRS's Motion to Strike Portions of 11 Complaint ("Motion"), such that plaintiff's opposition would be due March 16, 2012 and 12 FRS's reply would be due March 29, 2012 (Dkt #12); and (4) the parties' stipulation and 13 Court's Order to stay the case for sixty (60) days, up to and including May 21, 2012, 14 which, among other things, continued the Case Management Conference from April 12, 15 2012 to June 21, 2012 (Dkt. #18); 16

WHEREAS a stay of the case for an additional seventy-five (75) days would 17 only affect the schedule of the case by (1) staying the case up to and including August 6, 18 2012; (2) lifting the stay on August 7, 2012; (3) extending the deadline for FRS to file its 19 reply in support of the Motion from June 4, 2012 to August 20, 2012, thirteen days after 20 the stay is lifted; (4) continuing the hearing on the Motion from June 21, 2012 to 21 September 6, 2012, or a subsequent date convenient to the Court; (5) continuing the Case 22 Management Conference from June 21, 2012 to September 6, 2012, or a subsequent date 23 convenient to the Court; and (6) extending the deadline for the parties to file their 24 respective ADR Certifications to August 10, 2012, three days after the stay is lifted on 25 May 22, 2012; 26

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 3 undersigned counsel stipulate, subject to the Court's approval, as follows: 4 2 (1) the case is stayed for an additional seventy-five (75) days, up to and 5 including August 6, 2012; 6 (2) the stay will be lifted on August 7, 2012; (3) the deadline for FRS to file its reply in support of the Motion is 8 extended to August 20, 2012; 9

(4) the hearing on the Motion is continued from June 21, 2012 at 1:30 10 p.m. to September 6, 2012 at 1:30 p.m., or whatever subsequent date and time is 11 convenient to the Court; 12

(5) the Case Management Conference is continued from June 21, 2012 at 10:00 a.m. to September 6, 2012 at 10:00 a.m., or whatever subsequent date and time is 14 convenient to the Court; and 15

(6) the deadline for the parties to file their respective ADR Certifications 16 is extended to August 10, 2012. 17

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 EXTEND 4 STAY PENDING SETTLEMENT DISCUSSIONS AND INFORMAL DISCOVERY, 5 AND TO CONTINUE CASE MANAGEMENT CONFERENCE. Pursuant to General 6 Order 45, section X.B, I attest that Rosemary M. Rivas has concurred in this filing. 7

Dated: May 18, 2012 8 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 9 10 By /s/ Neil A.F. Popović NEIL A.F. POPOVI Ć Attorneys for Defendant

[PROPOSED] ORDER

2 Having considered the Stipulation and [Proposed] Order to Extend Stay 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 August 6, 2012; (2) the stay will be lifted on August 7, 2012; (3) the deadline for FRS to file its reply in support of its Motion to Strike Portions of Complaint ("Motion") is extended to August 20, 2012; (4) the hearing on the Motion is continued from June 21, 2012 at 1:30 12 p.m. to September 6, 2012 at 1:30 p.m.; 13 (5) the Case Management Conference is continued from June 21, 2012 at 10:00 a.m. to September 6, 2012 at 10:00 a.m.; and 15 14 (6) the deadline for the parties to file their respective ADR Certifications 16 is extended to August 10, 2012. 17

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Honorable Richard Seeborg United States District Judge


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