Opinion
Case No. C04 3341 MHP.
October 29, 2004
THE IMPACT FUND, Brad Seligman, Jocelyn D. Larkin, Berkeley, CA.
LIEFF, CABRASER, HEIMANN BERNSTEIN, LLP, James M. Finberg, Bill Lann Lee, Karin A. Kramer, Lexi J. Hazam, Nirej S. Sekhon, San Francisco, CA.
DAVIS, COWELL BOWE, LLP, Steve Stemerman, Elizabeth A. Lawrence, San Francisco, CA, Attorneys for Plaintiff Shirley "Rae" Ellis and the Proposed Class.
SEYFARTH SHAW LLP, Kenwood C. Youmans, David D. Kadue, Los Angeles, California.
SEYFARTH SHAW LLP, Gerald L. Maatman, Jr., Chicago, Illinois, Attorneys for Defendant Costco Wholesale Corporation.
STIPULATION AND ORDER RE FILING OF FIRST AMENDED COMPLAINT AND BRIEFING SCHEDULE
Plaintiff, Shirley "Rae" Ellis, and Defendant, Costco Wholesale Corporation (collectively, the "Parties"), hereby stipulate by and through their counsel with respect to the filing of a First Amended Complaint.
A. Pursuant to Federal Rule of Civil Procedure 15(a), the Parties agree that Plaintiff may file, as a First Amended Complaint, the pleading attached hereto. The First Amended Complaint shall be deemed filed as of October 27, 2004.
B. Defendant shall file its Answer to Plaintiff's First Amended Complaint no later than November 4, 2004.
C. On or before November 1, 2004, Defendant may file papers addressing any new material in the First Amended Complaint relevant to its pending Motion to Transfer Venue, together with a supplemental memorandum of points and authorities not to exceed five (5) pages in length.
D. On or before November 1, 2004, by overnight mail, Defendant will voluntarily provide to Plaintiff information relevant to the pending venue motion.
E. Other dates related to Defendant's Motion to Transfer Venue shall be adjusted as follows: (1) Plaintiff's Opposition shall be filed by November 12, 2004, instead of November 8, 2004, together with a memorandum of points and authorities not to exceed thirty (30) pages in length; (2) Defendant's Reply brief shall be filed by November 18, 2004, instead of November 15, 2004; and (3) the hearing date for Defendant's Motion to Transfer Venue shall be November 29, 2004, as noticed.
IT IS SO STIPULATED.
ORDER
GOOD CAUSE APPEARING, it is hereby ORDERED that the Parties shall comply with the provisions of the attached Stipulation Regarding Filing of First Amended Complaint and Briefing Schedule.
IT IS SO ORDERED.