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Swearingen v. Late July Snacks LLC

United States District Court, N.D. California, San Francisco Division

February 14, 2014

MARY SWEARINGEN and ROBERT FIGY, individually and on behalf of all others similarly situated, Plaintiffs,
v.
LATE JULY SNACKS LLC, Defendant.

Rocky C. Tsai, Attorneys for Defendant, LATE JULY SNACKS LLC.

Ben F. Pierce Gore (SBN 128515), PRATT & ASSOCIATES, San Jose, CA, Attorneys for Plaintiffs.

David Shelton (pro hac vice), Oxford, MS, Attorneys for Plaintiffs.

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND CASE MANAGEMENT CONFERENCE

EDWARD M. CHEN, District Judge.

WHEREAS, Plaintiffs and Defendant Late July Snacks LLC ("Defendant") previously agreed, by stipulation, to extend the time for Defendant to answer or otherwise respond to the Plaintiffs' Amended Complaint (Doc. #27), and the Court signed an order granting the stipulation (Doc. #29);

WHEREAS, Defendant filed a Motion to Dismiss on February 3, 2014 (Doc. #32);

WHEREAS, Defendant's Motion to Dismiss is thirty (30) pages long, pursuant to the Court's order granting in part the Motion for Leave to File Excess Pages (Doc. #31), which also permitted Plaintiffs to file an opposition up to thirty (30) pages long;

WHEREAS, Defendant also filed a Request for Judicial Notice with numerous exhibits (Doc. # 33-44);

WHEREAS, in light of the expanded length of the Motion to Dismiss, as well as counsel's pre-existing obligations in February and March, Plaintiffs and Defendant have agreed to extend the time for Plaintiffs to respond to Defendant's Motion to Dismiss to March 4, 2014, and also extend Defendant's time to reply until March 25, 2014;

WHEREAS, the proposed amended briefing schedule would still require all briefing to be completed in advance of the hearing on the Motion to Dismiss, which is currently set for April 3, 2014; (motion hearing is reset for 4/17/14 at 1:30 p.m.)

WHEREAS, the parties have agreed to request that the Case Management Conference currently scheduled for February 27, 2014 be moved to after the hearing on the Motion to Dismiss (the parties understand that the Court would be available on April 24, 2014 for the rescheduled Case Management Conference);

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED pursuant to Civil Local Rule 6-1(a), by and between the parties to this action per their undersigned counsel, that the deadline for Plaintiffs to respond to Defendant's Motion to Dismiss will be March 4, 2014 and the deadline for Defendant to reply in support of its Motion to Dismiss will be March 25, 2014, and that the Case Management Conference for this matter shall be re-set for April 24, 2014. 5/15/14 at 10:30 a.m. A joint CMC statement shall be filed by 5/8/14.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. (as modified on p. 1)


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