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Engurasoff v. The Coca-Cola Co.

United States District Court, N.D. California

February 10, 2014

GEORGE ENGURASOFF and JOSHUA OGDEN, individually and on behalf of all others similarly situated, Plaintiffs,
v.
THE COCA-COLA COMPANY and COCA-COLA REFRESHMENTS USA, INC., Defendants.

BRADLEY F. SIL VERMAN, FLEISCHMANN LAW FIRM, Attorneys for Plaintiffs GEORGE ENGURASOFF and JOSHUA OGDEN

Tammy B. Webb, SHOOK, HARDY & BACON L.L.P., San Francisco, California,

Steven A. Zalesin, (admitted pro hac vice) PATTERSON BELKNAP WEBB & TYLER LLP, New York, New York, Attorneys for Defendants THE COCA-COLA COMPANY and COCA-COLA REFRESHMENTS USA, INC.

STIPULATION AND [PROPOSED] ORDER GRANTING CONTINUANCE OF HEARING DATE ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT AND INITIAL CASE MANAGEMENT CONFERENCE

JEFFREY S. WHITE, District Judge.

Pursuant to Civil Local Rules 6.1(b) and 7-7, Plaintiffs George Engurasoff and Joshua Ogden ("Plaintiffs"), and Defendants The Coca-Cola Company and Coca-Cola Refreshments USA, Inc. ("Defendants") (collectively referred to as the "Parties") through their respective counsel hereby stipulate as follows:

WHEREAS, the Complaint was served on Defendants on September 13, 2013;

WHEREAS, the Court granted the Parties' Stipulation and Proposed Order Extending Time to File Response to Complaint and Setting Briefing Schedule for Motion to Dismiss on September 24, 2013 (Dkt. No. 10);

WHEREAS, Plaintiffs' Amended Complaint was filed on October 21, 2013 (Dkt. No. 15);

WHEREAS, Defendants filed a Motion to Dismiss Plaintiff's Amended Complaint on November 22, 2013 (Dkt. No. 30);

WHEREAS, Plaintiffs filed an Opposition to Defendants' Motion to Dismiss on January 10, 2014 (Dkt. No. 33);

WHEREAS, the Court granted Defendants' Emergency Motion for Extension of Time to File a Reply Brief in support of their Motion to Dismiss Plaintiffs' Amended Complaint (Dkt. No. 37);

WHEREAS, the deadline for Defendants to file a Reply Brief in support of their Motion to Dismiss Plaintiffs' Amended Complaint is February 7, 2014;

WHEREAS, pursuant to Plaintiffs' counsel's request, Defendants agreed to continue the hearing date on Defendants' Motion to Dismiss Plaintiffs' Amended Complaint and the Initial Case Management Conference from February 21, 2014 to March 4 or March 7 in order to accommodate Plaintiffs' counsel's scheduling conflict (Dkt. 34);

WHEREAS, on January 29, 2014, the Court modified and granted the Parties' Stipulation and Proposed Order and continued the hearing date on Defendants' Motion to Dismiss and the Initial Case ...


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