Brandon v. The FRS Company
Filing
22
STIPULATION AND ORDER RE 21 TO FURTHER EXTEND STAY PENDING SETTLEMENT DISCUSSIONS AND INFORMAL DISCOVERY, AND TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 10/25/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Motion Hearing set for 10/25/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/7/12. (cl, COURT STAFF) (Filed on 8/7/2012)
<![CDATA[
SHEPPARD, MULLIN, RICHTER & HAMPTON
A Limited Liability Partnership
Including Professio,nal Corporations
NEIL A.F. POPOVIC, Cal. Bar No. 132403
npopovic@sheppardmullin.com
LAI L. YIP, Cal. Bar No. 258029
lyip@sheppardmullin.com
Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
Telephone: 415.434.9100
Facsimile: 415.434.3947
LLP
Attorneys for Defendant
The FRS Company
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
LAWRENCE BRANDON, on behalf of
himself and all others similarly situated,
Case No. 3:11-cv-06639-RS
The Hon. Richard Seeborg
Plaintiff,
V.
The FRS Company, d/b/a The FRS
Healthy Energy Company,
Defendant.
STIPULATION AND [PROPOSED]
ORDER TO FURTHER EXTEND
STAY PENDING SETTLEMENT
DISCUSSIONS AND INFORMAL
DISCOVERY, AND TO CONTINUE
CASE MANAGEMENT
CONFERENCE
[No Hearing Required]
Complaint Filed: December 23, 2011
Trial Date:
None Set
W02-WEST:5LLY1\406278321.1
Case No. 3:11-cv-06639-RS
STIPULATION AND ORDER TO FURTHER EXTEND
STAY AND CONTINUE CASE MANAGEMENT
CONFERENCE
1
STIPULATION
2
WHEREAS plaintiff Lawrence Brandon and defendant The FRS Company
3 ("FRS") seek to further extend the stay of this case, for an additional forty-five (45) days,
4 to continue pursuing settlement discussions and exchange limited informal discovery in
5 furtherance of those discussions;
6
WHEREAS the only time modifications in this case to date are: (1) the
7 Clerk's notice rescheduling the Case Management Conference from April 5, 2012 to April
8 12, 2012, after reassignment to Judge Seeborg (Dkt # 7); (2) the parties' stipulation to
9 extend time for FRS to respond to the complaint, to February 24, 2012 (Dkt #8); (3) the
10 parties' stipulation to extend the briefing schedule for FRS's Motion to Strike Portions of
11 Complaint ("Motion"), such that plaintiffs opposition would be due March 16, 2012 and
12 FRS's reply would be due March 29, 2012 (Dkt #12); (4) the parties stipulation and
13 Court's Order to stay the case for sixty (60) days, up to and including May 21, 2012,
14 which, among other things, continued the Case Management Conference from April 12,
15 2012 to June 21, 2012 (Dkt #18); and (5) the parties' stipulation and Court's Order to
16 extend the stay of the case for seventy-five (75) days, up to and including August 6, 2012,
17 which, among other things, continued the Case Management Conference from June 21,
18 2012 to September 6, 2012 (Dkt #20);
19
WHEREAS a stay of the case for an additional forty-five (45) days would
20 only affect the schedule of the case by (1) staying the case up to and including September
21 20, 2012; (2) lifting the stay on September 21, 2012; (3) extending the deadline for FRS to
22 file its reply in support of the Motion from August 20, 2012 to October 4, 2012, thirteen
23 days after the stay is lifted; (4) continuing the hearing on the Motion from September 6,
24 2012 to October 25, 2012, or a subsequent date convenient to the Court; (5) continuing the
25 Case Management Conference from September 6, 2012 to October 25, 2012, or a
26 subsequent date convenient to the Court; and (6) extending the deadline for the parties to
27 file their respective ADR Certifications to September 24, 2012, three days after the stay is
28 lifted;
-1W02-WEST:5LLY1\406278321.1
Case No. 3:11-cv-06639-RS
STIPULATION AND ORDER TO FURTHER EXTEND
STAY AND CONTINUE CASE MANAGEMENT
CONFERENCE
THEREFORE, pursuant to Local Rules 6-2, 7-12, and 16-2(e), and Judge
Seeborg's Standing Order Re: Initial Case Management, the parties through their
undersigned counsel stipulate, subject to the Court's approval, as follows:
(1)
the case is stayed for an additional forty-five (45) days, up to and
including September 20, 2012;
(2)
the stay will be lifted on September 21, 2012;
(3)
the deadline for FRS to file its reply in support of the Motion is
extended to October 4, 2012;
(4)
the hearing on the Motion is continued from September 6, 2012 at
1:30 p.m. to October 25, 2012 at 1:30 p.m., or whatever subsequent date and time is
convenient to the Court;
(5)
the Case Management Conference is continued from September 6,
1:30 p.m.
2012 at 10:00 a.m. to October 25, 2012 at 10:00 a.m., or whatever subsequent date and
time is convenient to the Court; and
(6)
the deadline for the parties to file their respective ADR Certifications
is extended to September 24, 2012.
Dated: August 7, 2012
FINKELSTEIN THOMPSON LLP
/s/ Rosemary M Rivas
By
ROSEMARY M. RIVAS
Attorneys for Plaintiff
LAWRENCE BRANDON
Dated: August 7, 2012
SHEPPARD, MULLIN, RICHTER & HAMPTON
LLP
/s/ Neil A.F. Popovie
By
NEIL A.F. POPOVI
Attorneys for Defendant
THE FRS COMPANY
-2W02-WEST:5LLY1\406278321.1
Case No. 3:11-cv-06639-RS
STIPULATION AND ORDER TO FURTHER EXTEND
STAY AND CONTINUE CASE MANAGEMENT
CONFERENCE
CERTIFICATION
I, Neil A.F. Popovie, am the ECF User whose identification and password
are being used to file this STIPULATION AND [PROPOSED] ORDER TO FURTHER
EXTEND STAY PENDING SETTLEMENT DISCUSSIONS AND INFORMAL
DISCOVERY, AND TO CONTINUE CASE MANAGEMENT CONFERENCE.
Pursuant to General Order 45, section X.B, I attest that Rosemary M. Rivas has concurred
in this filing.
Dated: August 7, 2012
SHEPPARD, MULLIN, RICHTER & HAMPTON
LLP
/s/ Neil A.E Popovie
By
NEIL A.F. POPOVIe
Attorneys for Defendant
THE FRS COMPANY
-3W02-WEST:5LLY1 \406278321.1
Case No. 3:11-cv-06639-RS
STIPULATION AND ORDER TO FURTHER EXTEND
STAY AND CONTINUE CASE MANAGEMENT
CONFERENCE
[PROPOSED] ORDER
Having considered the Stipulation and [Proposed] Order to Further Extend
Stay Pending Settlement Discussions and Informal Discovery; and to Continue Case
Management Conference entered into by plaintiff Lawrence Brandon and defendant The
FRS Company ("FRS"), and good cause appearing therefor,
IT IS ORDERED THAT:
(1)
the case is stayed for forty-five days, up to and including September
(2)
the stay will be lifted on September 21, 2012;
(3)
the deadline for FRS to file its reply in support of its Motion to Strike
20, 2012;
Portions of Complaint ("Motion") is extended to October 4, 2012;
(4)
the hearing on the Motion is continued from September 6, 2012 at
1:30 p.m. to October 25, 2012 at 1:30 p.m.;
(5)
the Case Management Conference is continued from September 6,
1:30 p.m.
2012 at 10:00 a.m. to October 25, 2012 at 10:00 a.m.; and
(6)
the deadline for the parties to file their respective ADR Certifications
is extended to September 24, 2012.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 8/7/12
Honorable Richard Seeborg
United States District Judge
-4W02-WEST:5LLY1 \406278321.1
Case No. 3:11-cv-06639-RS
STIPULATION AND ORDER TO FURTHER EXTEND
STAY AND CONTINUE CASE MANAGEMENT
CONFERENCE
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