MAJEED SEIFI AND TRACEY DEAKIN, On Behalf Of Themselves And All Others Similarly Situated Plaintiffs,
MERCEDES-BENZ USA, LLC, Defendant.
Troy M. Yoshino, No. 197850 Matthew J. Kemner, No. 188126 Chad A. Stegeman, No. 225745 CARROLL, BURDICK & McDONOUGH LLP, San Francisco, CA, Attorneys for Defendant MERCEDES-BENZ USA, LLC.
ROY A. KATRIEL, THE KATRIEL LAW FIRM, PLLC, Attorneys for Plaintiffs Majeed Seifi and Tracey Deakin
STIPULATED REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES; DECLARATION OF CHAD A. STEGEMAN IN SUPPORT THEREOF; [PROPOSED] ORDER [N.D. CAL. L.R. 6-2]
THELTON E. HENDERSON, District Judge.
By and through their respective counsel of record, Plaintiffs Majeed Seifi and Tracey Deakin, as individuals and on behalf of all others similarly situated, and Defendant Mercedes-Benz USA, LLC ("MBUSA") stipulate and agree as follows:
STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO L.R. 6-2
1. On May 23, 2013, the Court issued an order granting in part and denying in part MBUSA's Motion to Dismiss. Dkt. 42. In its order, the Court gave plaintiffs leave to amend their Complaint on or before June 21, 2013. Id.
2. Plaintiffs respectfully request, and MBUSA does not oppose, a two-week extension of the filing deadline for filing their amended complaint, which would make the amended complaint due by July 5, 2013. Likewise, plaintiffs do not oppose MBUSA's request for a corresponding two-week extension of time to file a response to the amended complaint, including a renewed Motion to Dismiss, such that the response will be due 28 days after service of the amended complaint.
3. As set forth in the accompanying declaration of Chad A. Stegeman, this extension request is being made in good faith because counsel for both plaintiffs and MBUSA will be traveling extensively on other matters in the month of June.
4. The Court has also calendared the Case Management Conference for June 24, 2013, with the Joint Case Management Statement due on June 17, 2013, and has further given the parties until June 3, 2013 to hold their Rule 26(f) conference.
5. Because the resolution of MBUSA's response to the amended complaint will remain pending by those dates, the parties further request that, in order to preserve judicial resources and promote judicial economy, the Case Management Conference be continued to August 23, 2013, with the Joint Case Management Statement due on August 16, 2013. That continuance, in turn, would grant the parties up to and until August 2, 2013 to hold their Rule 26(f) conference. The parties agree that the date for the exchange of initial disclosures, currently set for June 17, 2013, will not be changed and will go forward as scheduled.
6. Pursuant to prior stipulations between the parties, this Court has modified the dates for the Case Management Conference, the Joint Case Management Statement, and the Rule 26(f) conference pursuant to the stipulation of the parties on two prior occasions, and has previously modified the briefing and hearing schedule in connection with MBUSA's Motion to Transfer Venue. See Dkt. 8; Dkt. 17. This Court has also modified the briefing and hearing schedule on MBUSA's Motion to Dismiss by its own order. See Dkt. 15; Dkt. 28, Dkt. 35-36.
7. Pursuant to N.D. Cal. Local R. 6-2, the parties seek approval of this stipulated request for an order changing time, as the agreements set forth herein affect certain dates fixed by Court order and the Local Rules of this Court.
8. As there are no other scheduled matters in this case, the requested time modification would have no ...