Opinion
Case No. 11-cv-01615-LKK-CKD
08-18-2011
LILIANA CARDENAS, On Behalf of Herself and All Other Similarly Situated California Residents, Plaintiff, v. NBTY, INC., a Delaware corporation and REXALL SUNDOWN, INC., a Florida corporation, Defendants.
SIDLEY AUSTIN LLP David R. Carpenter Attorneys for Defendants NBTY, Inc., and Rexall Sundown, Inc. BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. Patricia N. Syverson Attorneys for Plaintiff Liliana Cardenas
Kara L. McCall (pending)
SIDLEY AUSTIN LLP
David R. Carpenter, SBN 230299
Cameron J. Johnson, SBN 266729
SIDLEY AUSTIN LLP
Attorneys for Defendants
NBTY, Inc. and Rexall Sundown, Inc.
per the Order of Reassignment, Dkt. # 11
JOINT STIPULATION AND ORDER
RESETTING PRETRIAL STATUS
CONFERENCE AND SETTING
BRIEFING SCHEDULE ON
DEFENDANTS' MOTION TO DISMISS
The parties, by and through their undersigned counsel of record, hereby stipulate as follows:
WHEREAS, on June 14, 2011, Plaintiff filed her Complaint and initiated the above-referenced action;
WHEREAS, on July 5, 2011, the parties entered into a stipulation providing that Plaintiff would file an Amended Complaint on July 25, 2011, and Defendants would have until August 24, 2011, to file a responsive pleading thereto;
WHEREAS, on July 25, 2011, Plaintiff filed her Amended Complaint;
WHEREAS, Defendants' counsel has informed Plaintiff's counsel that Defendants intend to file (without limitation) a motion to dismiss on August 24, 2011;
WHEREAS, by Order dated June 15, 2011 ("Order") and pursuant to Federal Rule of Civil Procedure 16, the Court had set an initial Pretrial Scheduling Conference for September 6, 2011, and pursuant to such order the parties' initial Status Report(s) are due two weeks prior, i.e., August 23, 2011;
WHEREAS, the parties agree that it would be most efficient and facilitate the parties' ability to meet and confer about the matters set forth in the Court's Order to continue the initial Pretrial Status Conference and time for the parties to file their status report(s) until after Defendants' motion to dismiss is heard and decided; and
WHEREAS, Defendant's counsel has contacted the Court clerk regarding the available hearing dates for Defendants' anticipated motion(s), and the parties seek to set a mutually agreeable briefing schedule that takes into account those available dates and pre-existing scheduling conflicts and obligations of each parties' counsel, among other things; and
WHEREAS, the parties further agree that by entering into this stipulation Defendants do not waive any defenses or submit to the jurisdiction of the Court.
NOW, THEREFORE, the parties stipulate as follows:
1. Defendants will file their Motion to Dismiss (and may file any other accompanying motion) on August 24, 2011.
2. Plaintiff shall file any Opposition brief on or before October 3, 2011.
3. Defendants shall file any Reply brief on or before October 24, 2011.
4. Defendants' motion(s) will be set for hearing on November 7, 2011 at 10:00 a.m.
5. The initial Pretrial Status Conference, currently set for September 6, 2011, is continued to December 5, 2011 at 2:00 p.m. The parties shall file status reports fourteen (14) days prior to the status conference.
SIDLEY AUSTIN LLP
David R. Carpenter
Attorneys for Defendants NBTY, Inc., and
Rexall Sundown, Inc.
BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, P.C.
Patricia N. Syverson
Attorneys for Plaintiff Liliana Cardenas
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT
PROOF OF SERVICE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Sidley Austin LLP, 555 West Fifth Street, Suite 4000, Los Angeles, California 90013-1010.
On August 17, 2011, I served the foregoing document described as: JOINT STIPULATION AND [PROPOSED] ORDER RESETTING PRETRIAL STATUS CONFERENCE AND SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS on all interested parties in this action as follows:
BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, P.C.
Andrew S. Friedman
Elaine A. Ryan
Patricia N. Syverson
2901 N. Central Ave., Suite 1000
Phoenix, AZ 85012
afriedman@bffb.com
eryan@bffb.com
psyverson@bffb.com
[On CM/ECF]
FUTTERMAN HOWARD ASHLEY &
WELTMAN, P.C.
Stewart Weltman
122 S. Michigan Avenue, Suite 1850
Chicago, IL 60603
SWELTMAN@FUTTERMANHOWARD.COM
BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
Todd D. Carpenter
600 W. Broadway., Suite 900
San Diego, CA 92101
tcarpenter@bffb.com
[By Mail]
[x] (ON CM/ECF) I electronically filed and served the document on CM/ECF.
[x] (BY MAIL) I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of a party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in the affidavit.
I declare that I am a registered user of the CM/ECF system.
I served the foregoing document by electronically filing the document via the CM/ECF system maintained by the court.
I declare under penalty of perjury under the laws of the United States of America that the above is true and correct.
Executed on August 17, 2011, at Los Angeles, California.
David R. Carpenter