Opinion
CASE NO.: 3:11-cv-04678-RS
11-23-2011
CHANEE THURSTON and LAWRENCE G. KNOWLES, III, on behalf of themselves and all others similarly situated, Plaintiffs, v. BEAR NAKED, INC., Defendant.
STEMBER FEINSTEIN DOYLE & PAYNE, LLC Joseph N. Kravec, Jr. Attorneys for Plaintiffs JENNER & BLOCK Kenneth K. Lee Attorneys for Defendant Bear Naked, Inc.
Michael D. Braun (Bar No. 167416)
BRAUN LAW GROUP, P.C.
Janet Lindner Spielberg (Bar No. 221926)
LAW OFFICE OF JANET
LINDNER SPIELBERG
Counsel for Plaintiffs
Joseph N. Kravec, Jr. (pro hac vice)
Wyatt A. Lison (pro hac to be filed)
Maureen Davidson-Welling (pro hac to be filed)
STEMBER FEINSTEIN
DOYLE & PAYNE, LLC
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
CONTINUING HEARING AND BRIEFING
SCHEDULE ON MOTION TO TRANSFER
Judge: Honorable Richard Seeborg
WHEREAS, on November 10, 2011, Defendant Bear Naked, Inc. ("Bear Naked") filed a Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) ("Motion to Transfer"), which is currently set for hearing on December 15, 2011;
WHEREAS, the Parties have been discussing a way to resolve Bear Naked's Motion to Transfer without need of court intervention and, given the Thanksgiving holiday, the Parties need additional time to try to come to a resolution;
WHEREAS, there has been one prior extension of time, granting Bear Naked's Motion to Enlarge Time to Respond to Plaintiffs' Complaint (Doc. No. 18);
WHEREAS, this Stipulation is made in good faith and not for purposes of delay; and
WHEREAS, good cause exists for the modification to the case schedule because it would promote judicial efficiency if the Parties can come to an agreement resolving Bear Naked's Motion to Transfer without the need of court intervention.
IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel of record as follows:
(a) The hearing on the Motion to Transfer shall be continued to January 5, 2012 at 1:30 p.m. in Courtroom 3;
(b) Plaintiffs' Opposition to Bear Naked's Motion to Transfer shall be filed and served by December 8, 2011; and
(c) Defendant's Reply shall be filed and served by December 15, 2011.
STEMBER FEINSTEIN DOYLE
& PAYNE, LLC
Joseph N. Kravec, Jr.
Attorneys for Plaintiffs
JENNER & BLOCK
Kenneth K. Lee
Attorneys for Defendant Bear Naked, Inc.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED
Honorable Richard Seeborg