Ross v. Sioux Honey Association, Cooperative
Filing
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STIPULATION AND ORDER re 28 MOTION to Dismiss Plaintiff's Second Amended Complaint STIPULATION CONCERNING EXTENSION OF TIME FOR PLAINTIFF ROSS TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND [PROPOSED] OR, 28 MOTION to Dismiss Plaintiff's Second Amended Complaint. Responses due by 8/20/2012. Replies due by 8/27/2012.. Signed by Judge Edward M. Chen on 8/14/12. (bpf, COURT STAFF) (Filed on 8/14/2012)
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Paul R. Kiesel, Esq. (SBN 119854)
kiesel@kbla.com
Jeffrey A. Koncius, Esq. (SBN 189803)
koncius@kbla.com
KIESEL BOUCHER LARSON LLP
8648 Wilshire Boulevard
Beverly Hills, CA 90211
Telephone: (310) 854-4444
Facsimile: (310) 854-0812
Attorneys for Plaintiff SORAYA ROSS, individually
and on behalf of all others similarly situated
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(Additional counsel listed on signature page)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
SORAYA ROSS, individually and on behalf of )
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all others similarly situated,
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Plaintiff,
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vs.
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SIOUX HONEY ASSOCIATION,
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COOPERATIVE, an Iowa Entity,
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Defendant.
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Case No.: CV 12-1645 EMC
STIPULATION CONCERNING
EXTENSION OF TIME FOR PLAINTIFF
ROSS TO FILE AN OPPOSITION TO
DEFENDANT'S MOTION TO DISMISS
AND [PROPOSED] ORDER
Judge: Hon. Edward M. Chen
Complaint Filed: April 2, 2012
WHEREAS, Plaintiff Ross’s Opposition to Defendant’s Motion to Dismiss Plaintiff’s
Second Amended Complaint is currently due to be filed on August 13, 2012;
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WHEREAS, during the case management conference conducted by the Court on August
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10, 2012, Plaintiff's counsel informed the Court that Plaintiff Ross intended to request that
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Defendant stipulate to allowing Plaintiff to file and serve Plaintiff's Third Amended Class Action
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Complaint in order to address certain issues raised by Defendant’s Motion to Dismiss relating to
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preemption and certain other issues;
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WHEREAS, Defendant’s counsel responded that it would evaluate Plaintiff's request
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STIPULATION CONCERNING EXTENSION OF TIME FOR PLAINTIFF ROSS TO
FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS
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with Defendant and would promptly inform the Court and Plaintiff’s counsel whether Defendant
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was willing to stipulate to allowing Plaintiff Ross to file a Third Amended Class Action
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Complaint;
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WHEREAS, the parties mutually agree that they require a brief period of time for
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Defendant to evaluate Plaintiff's request and to meet and confer further after Defendant has
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considered Plaintiff’s proposed Third Amended Class Action Complaint;
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IT IS HEREBY STIPULATED AND ORDERED THAT:
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1. Plaintiff’s deadline to file Plaintiff’s Opposition to Defendant’s Motion to Dismiss is
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hereby extended from August 13, 2012 to August 20, 2012 and the deadline to file Defendant’s
Reply in support of the Motion to Dismiss is hereby extended from August 20, 2012 to August
27, 2012.
2. In the event that Defendant is willing to stipulate to allowing Plaintiff Ross to file a
Third Amended Class Action Complaint, Defendant shall promptly inform Plaintiff of
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Defendant’s willingness to do so and the parties shall jointly execute a stipulation reflecting such
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agreement and file that Stipulation with the Court on August 20, 2012, along with Plaintiff's
Third Amended Complaint.
3. In the event Defendant is not willing to stipulate to allowing Plaintiff Ross to file a
Third Amended Class Action Complaint, Plaintiff shall file her: (i) Motion for Leave to File
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Plaintiff’s Third Amended Class Action Complaint along with Plaintiff's [Proposed] Third
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Amended Class Action Complaint as an Exhibit thereto, and (ii) Plaintiff’s Opposition To
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Defendant’s Motion to Dismiss for the Court’s consideration on August 20, 2012.
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DATED: August 13, 2012
KIESEL BOUCHER LARSON LLP
By:
/s/ Paul R. Kiesel
Paul R. Kiesel, Esq.
Jeffrey A. Koncius, Esq.
8648 Wilshire Boulevard
Beverly Hills, CA 90211
Tel.: (310) 854-4444
Fax: (310) 854-0812
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STIPULATION CONCERNING EXTENSION OF TIME FOR PLAINTIFF ROSS TO
FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND [PROPOSED]
ORDER
Paul O. Paradis, Esq.
Gina M. Tufaro, Esq.
Mark A. Butler, Esq.
HORWITZ, HORWITZ &
PARADIS, Attorneys at Law
570 7th Avenue, 20th Floor
New York, NY 10018
Tel.: (212) 986-4500
Fax: (212) 986-4501
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Joseph J. M. Lange, Esq.
JOSEPH J. M. LANGE
LAW CORPORATION
222 North Sepulveda Blvd.Suite 2000
El Segundo, CA 90245
Tel.: (310) 414-1880
Fax: (310) 414-1882
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Attorneys for Plaintiff
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DATED: August 13, 2012
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HINSHAW & CULBERSON LLP
By:
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/s/ David I. Dalby
David Ian Dalby
One California Street, 18th Floor
San Francisco, CA 94111
General 415-362-6000
Mobile 415-250-0910
Fax
415-834-9070
Attorneys for Defendant S DISTRI
CT
E
8/14/12
Dated: _________________________
ER
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NO
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ED
RDER
____________________________________
IS SO O
IT
EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
hen
rd M. C
ge Edwa
Jud
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T
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UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED
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STIPULATION CONCERNING EXTENSION OF TIME FOR PLAINTIFF ROSS TO
FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND [PROPOSED]
ORDER
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