May 2, 2013
AMY MAXWELL, individually and on behalf of all others similarly situated, Plaintiff,
UNILEVER UNITED STATES, INC., PEPSICO, INC., and PEPSI LIPTON TEA PARTNERSHIP Defendants.
WILLIAM L. STERN, (CA SBN 96105), WStern@mofo.com CLAUDIA M. VETESI (CA SBN 233485), CVetesi@mofo.com LISA A. WONGCHENKO (CA SBN 281782), LWongchenko@mofo.com MORRISON & FOERSTER LLP, San Francisco, California, Attorneys for Defendants UNILEVER UNITED STATES, INC., and PEPSI/LIPTON TEA PARTNERSHIP
DANIEL W. NELSON, TIMOTHY W. LOOSE, GIBSON, DUNN & CRUTCHER LLP, Attorneys for Defendant, PEPSICO, INC.
Ben F. Pierce Gore (SBN 128515), PRATT & ASSOCIATES, Campbell, California, Attorneys for Plaintiff.
STIPULATION EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT
EDWARD J. DAVILA, District Judge.
Pursuant to Civil Local Rule 6-1(a), Plaintiff Amy Maxwell ("Plaintiff"), on behalf of herself and all others similarly situated, and Defendants Unilever United States, Inc., PepsiCo Inc., and Pepsi/Lipton Tea Partnership ("Defendants"), through their undersigned counsel, hereby stipulate as follows:
WHEREAS, on April 6, 2012, Plaintiff filed a Class Action and Representative Action Complaint for Damages and Equitable and Injunctive Relief (the "Complaint"), on July 9, 2012, Defendants filed a motion to dismiss, and on July 30, 2012, Plaintiff filed a First Amended Complaint ("FAC");
WHEREAS, on October 12, 2012, Defendants filed motions to dismiss the FAC;
WHEREAS, on April 9, 2013, the Court issued an Order Granting Defendants' Motions to Dismiss the FAC;
WHEREAS, Plaintiff filed a Second Amended Complaint ("SAC") on April 24, 2013;
WHEREAS, Defendants' responses to the SAC would be due on May 13, 2013;
WHEREAS, one of the lead attorneys on the case is currently in trial on another case, and the parties desire additional time to brief the issues raised by the Second Amended Complaint; and
WHEREAS, this change will not alter the date of any event or any deadline already fixed by Court order;
IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that pursuant to Local Rule 6-1(a), Defendants shall have an additional thirty (30) days to respond to Plaintiff's Second Amended Complaint, up to and including June 12, 2013.