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Guifu LI v. a Perfect Day Franchise, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 17, 2011
Case No. CV 10-01189 LHK (PSG) (N.D. Cal. Nov. 17, 2011)

Opinion

Case No. CV 10-01189 LHK (PSG)

11-17-2011

GUIFU LI, MENG YANG, FANG DAI, LIN CUI, and ZHONG YU on behalf of themselves and all others similarly situated, Plaintiffs, v. A PERFECT DAY FRANCHISE, INC., a California corporation, et al, Defendants. MINJIAN HAND HEALING INSTITUTE, INC., a California corporation, Counterclaimant, v. FANG DAI, and individual; ZHONG YU, an individual; LIN CUI, and individual; and DOES 11-30, inclusive, Counterdefendants.

MONIQUE OLIVIER (SBN 190385) DUCKWORTH PETERS LEBOWITZ OLIVIER LLP JAMES C. STURDEVANT (SBN 94551) THE STURDEVANT LAW FIRM A Professional Corporation Attorneys for Plaintiffs and the Class and Counterdefendants


MONIQUE OLIVIER (SBN 190385)

DUCKWORTH PETERS LEBOWITZ OLIVIER LLP

JAMES C. STURDEVANT (SBN 94551)

THE STURDEVANT LAW FIRM

A Professional Corporation

Attorneys for Plaintiffs and the Class

and Counterdefendants

CLASS ACTION

STIPULATION AND [PROPOSED] ORDER TO

ENLARGE BRIEFING SCHEDULE ON

DEFENDANT'S MOTION TO DISMISS

(DKT. 283)

Courtroom: 4, 5th Floor

Judge: Hon. Lucy H. Koh

Complaint Filed: March 22, 2010

WHEREAS on November 2, 2011, Defendants' filed a Motion to Dismiss (Dkt. 283), which, pursuant to Local Rule 7-3, set the briefing and hearing schedule as follows:

• Opposition Due November 16, 2011
• Reply Due November 23, 2011
• Hearing date January 5, 2012

WHEREAS on November 11, 2011 the parties submitted a Stipulation and Proposed Order to Enlarge the Briefing Schedule on Defendant's Motion to Dismiss (Dkt. 293), which the Court granted on November 14, 2011 (Dkt. 295) as follows:

• Opposition Due November 23, 2011
• Reply Due December 7, 2011

WHEREAS on November 14, 2011 (the same day the Court granted the extension), the Court issued a notice continuing the motion hearing date from January 5, 2012 to February 9, 2012 to correspond with the hearing date for dispositive motions. (Dkt. 294.)

WHEREAS the discovery cut-off in this case is set for December 2, 2011. (Dkt. 254.)

WHEREAS the parties have been actively engaged in discovery in anticipation of the discovery deadline. The parties have noticed and subpoenaed multiple depositions to occur during the month of November, 2011 and are actively setting additional depositions. The parties have also filed several motions to compel which are pending before the Court and for which a hearing has been set on November 21, 2011.

IT IS HEREBY STIPULATED by and between the parties, through their respective attorneys of record, that the briefing schedule on Defendants' Motion to Dismiss (Dkt. 283) shall be amended as follows:

• opposition Due December 21, 2011
• Reply Due January 11, 2012

DUCKWORTH PETERS LEBOWITZ OLIVIER LLP

THE STURDEVANT LAW FIRM

A Professional Corporation

By: Monique Olivier

Attorneys for Plaintiffs and the Putative Class and

Counterdefendants

LAW OFFICES OF RICHARD WAHNG

By: Lee E. Sheldon

Attorneys for Defendants and Counterclaimant

ATTESTATION UNDER GENERAL ORDER 45

I, Monique olivier, am the ECF user whose iD and password are being used to file this STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS (DKT. 283). In compliance with General Order 45, I hereby attest that Lee Sheldon, counsel for Defendants, has concurred in this filing.

Monique Olivier

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The briefing schedule on Defendants' Motion to Dismiss (Dkt. 283) shall be amended as follows:

• Opposition Due December 21, 2011
• Reply Due January 11, 2012

HONORABLE LUCY H. KOH

United States District Judge


Summaries of

Guifu LI v. a Perfect Day Franchise, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 17, 2011
Case No. CV 10-01189 LHK (PSG) (N.D. Cal. Nov. 17, 2011)
Case details for

Guifu LI v. a Perfect Day Franchise, Inc.

Case Details

Full title:GUIFU LI, MENG YANG, FANG DAI, LIN CUI, and ZHONG YU on behalf of…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 17, 2011

Citations

Case No. CV 10-01189 LHK (PSG) (N.D. Cal. Nov. 17, 2011)