Opinion
Case No. CV12-01736-EJD
05-01-2013
AMY MAXWELL, individually and on behalf of all others similarly situated, Plaintiff, v. UNILEVER UNITED STATES, INC., PEPSICO, INC., and PEPSI LIPTON TEA PARTNERSHIP Defendants.
WILLIAM L. STERN CLAUDIA M. VETESI LISA A. WONGCHENKO MORRISON & FOERSTER LLP WILLIAM L. STERN Attorneys for Defendants UNILEVER UNITED STATES, INC. and PEPSI/LIPTON TEA PARTNERSHIP DANIEL W. NELSON TIMOTHY W. LOOSE GIBSON, DUNN & CRUTCHER LLP DANIEL W. NELSON Attorneys for Defendant PEPSICO, INC. Ben F. Pierce Gore (SBN 128515) PRATT & ASSOCIATES BEN F. PIERCE GORE Attorneys for Plaintiff
WILLIAM L. STERN (CA SBN 96105)
WStern@mofo.com
CLAUDIA M. VETESI (CA SBN 233485)
CVetesi@mofo.com
LISA A. WONGCHENKO (CA SBN 281782)
LWongchenko@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: 415.268.7000
Facsimile: 415.268.7522
Attorneys for Defendants
UNILEVER UNITED STATES, INC.,
and PEPSI/LIPTON TEA PARTNERSHIP
Judge Edward J. Davila
CLASS ACTION
STIPULATION EXTENDING TIME
TO RESPOND TO SECOND
AMENDED COMPLAINT
Judge: Hon. Edward J. Davila
Action Filed: April 6, 2012
Pursuant to Civil Local Rule 6-1(a), Plaintiff Amy Maxwell ("Plaintiff"), on behalf of herself and all others similarly situated, and Defendants Unilever United States, Inc., PepsiCo Inc., and Pepsi/Lipton Tea Partnership ("Defendants"), through their undersigned counsel, hereby stipulate as follows:
WHEREAS, on April 6, 2012, Plaintiff filed a Class Action and Representative Action Complaint for Damages and Equitable and Injunctive Relief (the "Complaint"), on July 9, 2012, Defendants filed a motion to dismiss, and on July 30, 2012, Plaintiff filed a First Amended Complaint ("FAC");
WHEREAS, on October 12, 2012, Defendants filed motions to dismiss the FAC;
WHEREAS, on April 9, 2013, the Court issued an Order Granting Defendants' Motions to Dismiss the FAC;
WHEREAS, Plaintiff filed a Second Amended Complaint ("SAC") on April 24, 2013;
WHEREAS, Defendants' responses to the SAC would be due on May 13, 2013;
WHEREAS, one of the lead attorneys on the case is currently in trial on another case, and the parties desire additional time to brief the issues raised by the Second Amended Complaint; and
WHEREAS, this change will not alter the date of any event or any deadline already fixed by Court order;
IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that pursuant to Local Rule 6-1(a), Defendants shall have an additional thirty (30) days to respond to Plaintiff's Second Amended Complaint, up to and including June 12, 2013.
WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP
By: _______________
WILLIAM L. STERN
Attorneys for Defendants
UNILEVER UNITED STATES, INC. and
PEPSI/LIPTON TEA PARTNERSHIP
DANIEL W. NELSON
TIMOTHY W. LOOSE
GIBSON, DUNN & CRUTCHER LLP
By: _______________
DANIEL W. NELSON
Attorneys for Defendant
PEPSICO, INC.
Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
By: _______________
BEN F. PIERCE GORE
Attorneys for Plaintiff
ECF ATTESTATION
I, William L. Stern, am the ECF User whose ID and password are being used to file the following: STIPULATION EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT. In compliance with General Order 45, X.B., I hereby attest that Daniel W. Nelson and Ben F. Pierce Gore have concurred in this filing.
WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP
By: _______________
WILLIAM L. STERN