UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 15, 2013
LILIANA CARDENAS, AN INDIVIDUAL, AND FRANCISCO PADILLA, AN INDIVIDUAL, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
NBTY, INC., A DELAWARE CORPORATION AND REXALL SUNDOWN, INC., A FLORIDA CORPORATION,
CLASS ACTION JOINT STIPULATION AND ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
Plaintiffs Liliana Cardenas and Francisco Padilla (together, "Plaintiffs"), and Defendants NBTY, Inc. and Rexall Sundown, Inc. (together, "Defendants"), by and through their undersigned counsel, hereby respectfully submit this joint stipulation to continue the hearing date on Plaintiffs' Motion for Class Certification ("Class Motion"). In support, the parties state as follows:
WHEREAS, this Court Entered a "Status (Pretrial Scheduling) Conference" Order on June 27, 2012 [Dkt. No. 56]. Pursuant to that Order, Plaintiffs were required to file their motion for class certification by January 28, 2013.
WHEREAS, Plaintiffs filed their motion for class certification on January 28, 2013, setting the hearing on class certification for April 8, 2013. Accordingly, Defendants' opposition to Plaintiffs' motion for class certification is due by March 25, 2013, and Plaintiffs' reply thereto is due by April 1, 2013.
WHEREAS, notwithstanding all parties' diligence, neither of the named plaintiffs (putative class representatives) has been deposed.
WHEREAS, the parties continue to explore settlement of this action.
WHEREAS, no pretrial or trial dates have been scheduled by the Court.
WHEREAS, the parties have not previously requested any scheduling extensions or continuances.
NOW, THEREFORE, the parties stipulate as follows:
1. The hearing currently set for April 8, 2013 is continued to June 17, 2013 at 10:00 a.m.
2. Defendants shall file and serve their opposition to Plaintiffs' motion on or before June 3, 2013.
3. Plaintiffs shall file their reply to Defendants' opposition on or before June 10, 2013.
Dated: March 14, 2013 SIDLEY AUSTIN LLP
By: /s/ Kara L. McCall
Kara L. McCall Attorneys for Defendants NBTY, Inc., and Rexall Sundown, Inc. Dated: March 14, 2013 BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. By: /s/ Patricia N. Syverson Patricia N. Syverson Attorneys for Plaintiffs Liliana Cardenas and Francisco Padilla
IT IS SO ORDERED.
Dated: March 15, 2013
CERTIFICATE OF SERVICE
I hereby certify that on March 14, 2013, a true and correct copy of the following document was electronically filed and served on all counsel of record in this action who are deemed to have consented to electronic service via the Court's CM/ECF system:
Pursuant to the CM/ECF system, registration as a CM/ECF user constitutes consent to electronic service through the Court's transmission facilities. Any other counsel of record were served by U.S. mail.
Dated: March 14, 2013 SIDLEY AUSTIN LLP By: /s/ Kara L. McCall Kara L. McCall Attorneys for Defendants NBTY, Inc. and Rexall Sundown, Inc.
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