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Pratt v. Whole Foods Mkt., Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION
Mar 7, 2013
Case No. CV 12-05652 EJD (N.D. Cal. Mar. 7, 2013)

Opinion

Case No. CV 12-05652 EJD

03-07-2013

ROBERT PRATT, individually and on behalf of all others similarly situated, Plaintiff, v. WHOLE FOODS MARKET, INC., Defendant.

SEYFARTH SHAW LLP Jay W. Connolly (SBN 114725) Giovanna A. Ferrari (SBN 229871) Joseph J. Orzano (SBN 262040) Attorneys for Defendant WHOLE FOODS MARKET, INC. PRATT & ASSOCIATES Pierce Gore (SBN 128515) PROVOST UMPHREY LAW FIRM L.L.P. Edward Downs Fisher ( Admitted Pro Hac Vice ) PROVOST UMPHREY LAW FIRM L.L.P. W. Michael Hamilton ( Admitted Pro Hac Vice ) Attorneys for Plaintiff ROBERT PRATT


SEYFARTH SHAW LLP
Jay W. Connolly (SBN 114725)
Giovanna A. Ferrari (SBN 229871)
Joseph J. Orzano (SBN 262040)
Attorneys for Defendant WHOLE FOODS MARKET, INC. PRATT & ASSOCIATES
Pierce Gore (SBN 128515)
PROVOST UMPHREY LAW FIRM L.L.P.
Edward Downs Fisher (Admitted Pro Hac Vice)
PROVOST UMPHREY LAW FIRM L.L.P.
W. Michael Hamilton (Admitted Pro Hac Vice)
Attorneys for Plaintiff ROBERT PRATT

STIPULATION REGARDING

LITIGATION DEADLINES AND

[PROPOSED] ORDER


[L.R. 7-12]


Date: June 7, 2013

Judge: Hon. Edward J. Davila

Whole Foods Market, Inc. ("WFMI"), on the one hand, and Robert Pratt ("Pratt"), on the other hand, (collectively, "Parties") by and through their respective undersigned counsel, hereby stipulate and jointly request that the Court issue an Order as follows:

WHEREAS, WFMI has filed a Motion to Dismiss currently set for hearing on June 7, 2013.

WHEREAS, the Motion to Dismiss involves complex issues pertaining to whether this Court has personal jurisdiction over WFMI;

WHEREAS, the parties have met and conferred and jointly desire time in addition to that permitted by the Local Rules to fully brief the issues raised in the Motion to Dismiss;

WHEREAS, the parties agree and jointly stipulate that WFMI's entry into this stipulated request for an order is not intended to and does constitute or evidence a waiver of WFMI's objection to the Court's jurisdiction as set forth in the Motion to Dismiss;

WHEREAS, the proposed briefing schedule will not modify the time allotted the Court under the Local Rules to consider the parties' briefing prior to the hearing;

IT IS THEREFORE STIPULATED AND JOINTLY REQUESTED that:

1. The Court order that Plaintiff's Opposition is due on or before March 28, 2013;

2. WFMI's Reply is due on or before April 12, 2013;

3. This stipulation and request shall be without prejudice to Defendant's objection to this Court's personal jurisdiction as set forth in Defendant's Motion to Dismiss and shall not constitute or be used as evidence of a waiver of Defendant's objection to this Court's personal jurisdiction as set forth in Defendant's Motion to Dismiss; and

4. All other deadlines in the case remain unchanged.

IT IS SO STIPULATED.

SEYFARTH SHAW LLP

By:_________________________

Jay W. Connolly

Giovanna A. Ferrari

Joseph J. Orzano

Attorneys for Defendant

WHOLE FOODS MARKET, INC.

PRATT & ASSOCIATES

By: _________________________

Pierce Gore

Attorneys for Plaintiff

ROBERT PRATT

PROVOST UMPHREY LAW FIRM L.L.P.

By: _______________________

W. Michael Hamilton

Edward Downs Fisher

Attorneys for Plaintiff

ROBERT PRATT

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED,

1. Plaintiff shall have up to and including March 28, 2013 to file an Opposition to Defendant's currently pending Motion to Dismiss;

2. Defendant shall have up to and including April 12, 2013 to file a Reply in support of Defendant's Motion to Dismiss;

3. This Order is without prejudice to Defendant's objection to this Court's personal jurisdiction as set forth in Defendant's Motion to Dismiss and does not constitute and shall not be used as evidence of a waiver of Defendant's objection to this Court's personal jurisdiction as set forth in Defendant's Motion to Dismiss; and

4. All other deadlines in this action remain unchanged.

________________________

The Honorable Edward J. Davila


Summaries of

Pratt v. Whole Foods Mkt., Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION
Mar 7, 2013
Case No. CV 12-05652 EJD (N.D. Cal. Mar. 7, 2013)
Case details for

Pratt v. Whole Foods Mkt., Inc.

Case Details

Full title:ROBERT PRATT, individually and on behalf of all others similarly situated…

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

Date published: Mar 7, 2013

Citations

Case No. CV 12-05652 EJD (N.D. Cal. Mar. 7, 2013)