Opinion
Case No. 3:12-cv-04391-SI
03-21-2013
BENSON WORLEY and JOHNNY BOYD, individually and on behalf of all others similarly situated, Plaintiffs, v. AVANQUEST NORTH AMERICA, INC., a California corporation, Defendant.
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 Attorneys for Plaintiffs and the Putative Class SEAN P. REIS (SBN 184044) AVANQUEST NORTH AMERICA, INC., One of Defendant's Attorneys LUANNE SACKS (SBN 120811) CARTER W. OTT (SBN 221660) MIKE SCOTT (SBN 255282) ALEC CIERNY (SBN 275230) DLA PIPER LLP (US) JOSEPH COLLINS (Admitted Pro Hac Vice ) DLA Piper LLP (US)
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
Attorneys for Plaintiffs and the Putative Class
STIPULUATION AND [PROPOSED] ORDER
Judge: Honorable 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 extend the briefing schedule on Defendant's pending pleading challenge by one (1) week, and (ii) to continue the hearing on the same from April 19, 2013 to April 26, 2013 (or such later date and time as may be convenient for the Court). 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, Plaintiffs' deadline to respond in opposition to the pleading challenge is currently March 22nd (Dkt. 51);
WHEREAS, Plaintiffs require a brief one (1) week extension of the current briefing schedule in order to appropriately prepare their opposition to Avanquest's pleading challenge;
WHEREAS, the Parties have conferred and agreed, subject to Court approval, to extend the current briefing schedule one (1) week, such that Plaintiffs' opposition shall be due no later than March 29th and Avanquest's reply in support of the pleading challenge due no later than April 9th, and further, to continue the hearing on the pleading challenge by one week as well, from April 19th to April 26th (or such later date as the Court may set);
WHEREAS, good cause exists to enter the instant stipulation, the Parties do not seek the relief contemplated herein for any improper purpose, and the Parties have not previously requested a modification of these dates and deadlines.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows:
1. Plaintiffs shall file their opposition to Avanquest's pleading challenge no later than March 29, 2013.
2. Avanquest shall file its reply in support of the pleading challenge no later than April 9, 2013.
3. The hearing on Defendant's pleading challenge currently set for April 19, 2013 at 9:00 a.m. shall be continued to May 2, 2013 at 9:00 a.m.
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)
jedelson@edelson.com
RAFEY S. BALABANIAN (Admitted Pro Hac Vice)
rbalabanian@edelson.com
BENJAMIN H. RICHMAN (Admitted Pro Hac Vice)
brichman@edelson.com
CHANDLER R. GIVENS (Admitted Pro Hac Vice)
cgivens@edelson.com
EDELSON LLC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
SEAN P. REIS (SBN 184044)
AVANQUEST NORTH AMERICA, INC.,
By: _______________
One of Defendant's Attorneys
LUANNE SACKS (SBN 120811)
CARTER W. OTT (SBN 221660)
MIKE SCOTT (SBN 255282)
ALEC CIERNY (SBN 275230)
DLA PIPER LLP (US)
JOSEPH COLLINS (Admitted Pro Hac Vice)
DLA Piper LLP (US)
I, Benjamin H. Richman, 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