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