Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rob Stutzman, Jonathan Wheeler, Gloria Lauria, David Reimers and v. Lance Armstrong; Penguin Group (Usa)

March 27, 2013

ROB STUTZMAN, JONATHAN WHEELER, GLORIA LAURIA, DAVID REIMERS AND SCOTT ARMSTRONG, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
LANCE ARMSTRONG; PENGUIN GROUP (USA), INC.;
G.P. PUTNAM'S SONS;
THE BERKLEY PUBLISHING GROUP;
RANDOM HOUSE, INC.; BROADWAY BOOKS;
CROWN PUBLISHING GROUP;
THOMAS W. WEISEL;
WILLIAM J. STAPLETON; AND DOES 1-50, INCLUSIVE,
DEFENDANTS.



(See Signature Page for Additional Parties and Counsel)

Assigned for all purposes to the Honorable Morrison C. England. Jr. STIPULATION AND ORDER RE FILING OF PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT, SCHEDULING PARTIES' RULE 26(f) CONFERENCE, FILING OF PARTIES' JOINT STATUS REPORT, AND BRIEFING SCHEDULE FOR DEFENDANTS' RESPONSE(S) TO PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT

Plaintiffs, Rob Stutzman, Jonathan Wheeler, Gloria Lauria, David Reimers and Scott Armstrong (collectively, "Plaintiffs"); and Defendant Penguin Group (USA) Inc. ("Penguin"), also sued as G.P. Putnam's Sons and The Berkley Publishing Group; Defendant Random House, Inc. ("Random House"), also sued as Broadway Books and Crown Publishing Group (together, the "Publisher Defendants"); and Defendant Lance Armstrong ("Defendant Armstrong"), by and through their undersigned counsel, hereby stipulate and agree as follows:

WHEREAS, on January 22, 2013, Plaintiffs Stutzman and Wheeler filed a Class Action Complaint (the "Complaint") on behalf of themselves and a proposed class of California residents who purchased two books authored by Defendant Armstrong and published by the Publisher Defendants, i.e., It's Not About the Bike: My Journey Back to Life and Every Second Counts (see Dkt. No. 1); and

WHEREAS, the Complaint alleges, among other things, claims for negligent misrepresentation and fraud, as well as California statutory claims pursuant to the Consumers Legal Remedies Act ("CLRA") (Cal. Civ. Code § 1750 et seq.), the Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and the False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.); and

WHEREAS, the Complaint and the Summons issued by the Clerk were served on Defendant Random House on January 25, 2013; on Defendant Armstrong on January 29, 2013, and on Defendant Penguin on January 30, 2013, and Plaintiffs Stutzman and Wheeler have electronically filed the requisite proofs of service; and

WHEREAS, on January 22, 2013, this Court entered its Order Requiring Joint Status Report (the "Order") (Dkt. No. 4); and

WHEREAS, on February 5, 2013, Plaintiffs Stutzman and Wheeler filed their Certificate Confirming Service of this Court's Order Requiring Joint Status Report (Dkt. No. 6); and

WHEREAS, the parties are due to comply with the Order on or before March 26, 2013; and WHEREAS, during a teleconference held on February 11, 2013, counsel for Plaintiffs advised counsel for the Publisher Defendants that Plaintiffs Stutzman and Wheeler intend to file a First Amended Class Action Complaint (the "First Amended Complaint"), in order to, among other things, add a claim (or claims) for damages pursuant to the CLRA; and

WHEREAS, on March 7, 2013, Plaintiffs filed an 85-page First Amended Complaint adding three new plaintiffs (Gloria Lauria, David Reimers and Scott Armstrong), two new defendants (Thomas W. Weisel and William J. Stapleton), three additional books upon which they seek relief, additional claims under the CLRA and additional factual allegations; and

WHEREAS, on March 7, 2013, the First Amended Complaint was served electronically upon counsel for the Publisher Defendants and Defendant Armstrong, respectively, and arrangements were commenced to serve Defendants Weisel and Stapleton with a copy of the Summons and First Amended Complaint; and

WHEREAS, service of the Summons and First Amended Complaint upon Defendants Weisel and Stapleton has not yet been completed; and

WHEREAS, each of the Publisher Defendants intends to file in response to the First Amended Complaint, a motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure and a special motion to strike pursuant to Section 425.16 et seq. of the California Code of Civil Procedure, the so-called anti-SLAPP statute; and

WHEREAS, Defendant Armstrong presently contemplates filing in response to the First Amended Complaint, a motion to dismiss and motion to strike pursuant to Rule 12 of the Federal Rules of Civil Procedure, and possibly a special motion to strike pursuant to Section 425.16 et seq. of the California Code of Civil Procedure. and

WHEREAS, in light of the filing of the First Amended Complaint, the fact that service thereof upon Defendants Weisel and Stapleton has not yet been completed and the need for all defense counsel (including those not yet having appeared herein) to review and analyze adequately the First Amended Complaint and discuss the same with their respective clients, an extension of time from March 26, 2013, until April 12, 2013, is needed in order ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.