Opinion
CASE NO. 3:12-CV-04391-SI
05-01-2013
BENSON WORLEY and JOHNNY BOYD, individually and on behalf of all others similarly situated, Plaintiffs, v. AVANQUEST NORTH AMERICA, INC., a California corporation, Defendant.
By: Benjamin H. Richman One of Plaintiffs' Attorneys JAY EDELSON (Admitted Pro Hac Vice ) RAFEY S. BALABANIAN (Admitted Pro Hac Vice ) BENJAMIN H. RICHMAN (Admitted Pro Hac Vice ) CHANDLER R. GIVENS (Admitted Pro Hac Vice ) EDELSON LLC SEAN P. REIS (SBN 184044) AVANQUEST NORTH AMERICA, INC., By: Luanne Sacks One of Defendant's Attorneys LUANNE SACKS (SBN 120811) MIKE SCOTT (SBN 255282) ALEC CIERNY (SBN 275230) DLA PIPER LLP (US) JOSEPH COLLINS (Admitted Pro Hac Vice ) DLA Piper LLP (US)
LUANNE SACKS (Bar No. 120811)
luanne.sacks@dlapiper.com
MIKE SCOTT (Bar No. 255282)
mike.scott@dlapiper.com
ALEC CIERNY (Bar No. 275230)
alec.cierny@dlapiper.com
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Tel: 415.836.2500
Fax: 415.836.2501
JOSEPH COLLINS (Admitted Pro Hac Vice )
joseph.collins@dlapiper.com
DLA Piper LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, Illinois 60601-1293
Tel: 312.368.2143
Fax: 312.630.7385
Attorneys for Defendant
AVANQUEST NORTH AMERICA, INC.
STIPULATION AND
[PROPOSED] ORDER
Judge: Hon. Susan Illston
Plaintiffs Benson Worley and Johnny Boyd, and Defendant Avanquest North America, Inc. ("Avanquest") (collectively, the "Parties"), by and through their undersigned counsel, hereby stipulate and agree, subject to Court approval, (i) to continue the Initial Case Management Conference and deadline to exchange initial disclosures, currently scheduled for Friday, May 10, 2013, to Friday, July 12, 2013 (or such later date and time as may be convenient for the Court), and (ii) to extend the date for filing the Parties' Joint Initial Case Management Conference Statement and Fed. R. Civ. Proc. 26(f) Discovery Plan from Friday, May 3, 2013 to Friday, July 5, 2013 (or one week before the date selected by the Court for the rescheduled Initial Case Management Conference). In support of the instant stipulation, the Parties state as follows:
WHEREAS, on February 22, 2013, Plaintiffs filed their First Amended Class Action Complaint (Dkt. 52);
WHEREAS, on March 8th, Avanquest filed its pleading challenge of the First Amended Complaint (Dkt. 53);
WHEREAS, the hearing on Avanquest's pleading challenge is scheduled for Thursday, May 2, 2013;
WHEREAS, the resolution of Avanquest's pleading challenge will provide the Parties and the Court additional guidance regarding the most efficient manner in which to conduct further litigation of Plaintiffs' claims;
WHEREAS, the Parties previously requested and were granted a continuance of the Initial Case Management Conference and deadline to exchange initial disclosures until three weeks following the hearing on Avanquest's pleading challenge (Dkt. 51);
WHEREAS, the hearing on Avanquest's pleading challenge was subsequently continued thirteen days without a continuance of the Initial Case Management Conference or deadline to exchange initial disclosures (Dkt. 61);
WHEREAS, the Parties have conferred and agreed, subject to Court approval, to continue the Initial Case Management Conference and deadline to exchange initial disclosures from May 10, 2013 to July 12, 2013 (or such later date as the Court may set), and to extend the date for filing of the Parties' Joint Initial Case Management Conference Statement and Fed. R. Civ. Proc. 26(f) Discovery Plan from May 3, 2010 to July 5, 2013 (or one week prior to the date selected by the Court for the rescheduled Initial Case Management Conference);
WHEREAS, good cause exists to enter the instant stipulation and the Parties do not seek the relief contemplated herein for any improper purpose.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows:
1. The Parties shall file their Joint Initial Case Management Conference Statement and Fed. R. Civ. Proc. 26(f) Discovery Plan by July 5, 2013 (or one week before the rescheduled Initial Case Management Conference if scheduled later than July 12, 2013).
2. The Initial Case Management Conference currently set for May 10, 2013 at 2:30 pm shall be continued to July 12, 2013 at 2:30 pm.
3. The Parties shall serve their respective initial disclosures no later than July 12, 2013.
IT IS SO STIPULATED.
BENSON WORLEY and JOHNNY BOYD,
individually and on behalf of all others similarly
situated,
By: Benjamin H. Richman
One of Plaintiffs' Attorneys
JAY EDELSON (Admitted Pro Hac Vice)
RAFEY S. BALABANIAN (Admitted Pro Hac
Vice)
BENJAMIN H. RICHMAN (Admitted Pro Hac
Vice)
CHANDLER R. GIVENS (Admitted Pro Hac Vice)
EDELSON LLC
SEAN P. REIS (SBN 184044)
AVANQUEST NORTH AMERICA, INC.,
By: Luanne Sacks
One of Defendant's Attorneys
LUANNE SACKS (SBN 120811)
MIKE SCOTT (SBN 255282)
ALEC CIERNY (SBN 275230)
DLA PIPER LLP (US)
JOSEPH COLLINS (Admitted Pro Hac Vice)
DLA Piper LLP (US)
I, Luanne Sacks, am the ECF user whose identification and password are being used to file the foregoing Stipulation and [Proposed] Order. I hereby attest that the above-referenced signatory to this stipulation has concurred in this filing.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
_______________
HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE