Greenberg v. Galderma Laboratories, L.P., No. 3:2016cv06090 - Document 21 (N.D. Cal. 2017)

Court Description: ORDER granting 20 Stipulated Request - Reset Deadlines as to 18 First MOTION to Remand and 15 MOTION to Dismiss. Motion Hearing set for 5/10/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Case Management Conference set for 5/30/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 5/23/2017. Signed by Judge William H. Orrick on 02/14/2017. (jmdS, COURT STAFF) (Filed on 2/17/2017)
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Greenberg v. Galderma Laboratories, L.P. 1 2 3 4 5 6 7 8 MAYER BROWN LLP DALE J. GIALI (SBN 150382) dgiali@mayerbrown.com KERI E. BORDERS (SBN 194015) kborders@mayerbrown.com REBECCA B. JOHNS (SBN 293989) rjohns@mayerbrown.com 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 Attorneys for Defendants GALDERMA LABORATORIES, L.P. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 Doc. 21 ANDREA GREENBERG, on behalf of herself and all others similarly situated, vs. Plaintiff, GALDERMA LABORATORIES, L.P., and DOES 1-100, 17 Case No. 3:16-CV-06090-WHO STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME Action Removed: October 21, 2016 Defendants. 18 19 20 21 22 23 24 25 26 27 28 723229579 STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME; CASE NO. 3:16-CV-06090-WHO Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiff Andrea Greenberg (“Plaintiff”) and defendant Galderma Laboratories, L.P. (“Galderma”) (collectively, the “Parties”), by and through their respective counsel of record and pursuant to Local Rule 6-1(b), submit the following stipulated request for an extension of time and for re-setting the briefing and hearing schedules for Plaintiff’s Motion to Remand and Defendant’s Motion to Dismiss: WHEREAS, Plaintiff’s complaint (Dkt. 1-2) was originally filed in the Superior Court of the State of California, County of Alameda, Case No. RG16831799. WHEREAS, on October 21, 2016, Galderma filed a Notice of Removal removing this action to the Northern District of California, Case No. 3:16-CV-06090. WHEREAS, on October 25, 2016, the Parties stipulated to extend Galderma’s deadline to file its motion to dismiss the complaint from October 28, 2016 to November 28, 2016. WHEREAS, on November 28, 2016, Galderma moved to dismiss the complaint. WHEREAS, on December 6, 2016, the Parties stipulated to a briefing and hearing schedule, setting the deadlines for briefing and hearings on the Motion to Remand and the remainder of the briefing due on the Motion to Dismiss and continuing the initial Case Management Conference from January 24, 2017 until after the Court’s ruling on the Motion to Remand and the Motion to Dismiss. WHEREAS, on December 7, 2016, the Court approved the stipulated briefing and hearing schedule and ordered the deadlines and dates as follows: a) 21 Plaintiff’s deadline to file a Motion to Remand the case to the Superior Court was set for on or before December 19, 2016; 22 b) 23 Galderma’s deadline to file its opposition papers to Plaintiff’s Motion to Remand was set for on or before January 18, 2017; 24 c) 25 Plaintiff’s deadline to file her reply papers related to any Motion to Remand was set for on or before March 24, 2017; 26 d) 27 Plaintiff’s deadline to file her opposition papers to the Motion to Dismiss was set for on or before February 24, 2017; 28 1 723229579 STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME; CASE NO. 3:16-CV-06090-WHO 1 e) 2 Dismiss was set for on or before March 24, 2017; 3 f) 4 g) 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The Case Management Conference was postponed until April 25, 2017. WHEREAS, on December 19, 2016, Plaintiff filed a Motion to Remand. 7 9 The hearing for the Motion to Dismiss and the Motion to Remand was set for April 5, 2017, at 2:00 p.m.; and 5 8 Galderma’s deadline to file its reply papers in support of its Motion to WHEREAS, on January 18, 2017, Galderma filed its Opposition to Plaintiff’s Motion to Remand. WHEREAS, on January 25, 2017, Plaintiff served on Galderma: (1) Plaintiffs’ First Set of Requests for Production of Documents to Defendant Galderma Laboratories, L.P.; and (2) Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) related to Plaintiff’s Motion to Remand. The deadline for Galderma to respond to Plaintiff’s First Set of Requests for Production of Documents is February 27, 2017 and the deposition is currently set for March 8, 2017. WHEREAS, the Parties are currently engaged in discussions to resolve this case, which would obviate the need for continued discovery and briefing in this matter. Accordingly, the Parties agree that it would be most efficient to continue current deadlines in the case for approximately thirty (30) days. WHEREAS, the Parties agree that neither will be prejudiced by the agreed-upon extension, nor will this litigation be unreasonably delayed. NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to the following schedule: a) 24 Plaintiff’s deadline to file her reply papers related to any Motion to Remand shall be set for on or before April 24, 2017; 25 b) 26 Plaintiff’s deadline to file her opposition papers to the Motion to Dismiss shall be set for on or before March 27, 2017; 27 c) 28 Galderma’s deadline to respond to Plaintiff’s First Set of Requests for 2 723229579 STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME; CASE NO. 3:16-CV-06090-WHO 1 Production of Documents shall be set for on or before March 29, 2017; 2 d) 3 Plaintiff’s Notice of Deposition Pursuant to Federal Rule of Civil 4 Procedure 30(b)(6), which will be set for a mutually convenient date on or 5 after April 7, 2017 but no later than April 14, 2017; 6 e) 7 Galderma’s deadline to file its reply papers in support of its Motion to Dismiss shall be set for on or before April 24, 2017; 8 f) 9 The hearing for the Motion to Dismiss and the Motion to Remand shall be postponed until May 10, 2017, at 2:00 p.m., or at such other time 10 thereafter as the Court might schedule; and 11 g) 12 The Case Management Conference presently scheduled for April 25, 2017 shall be postponed until May 30, 2017, or at such other time thereafter as 13 the Court might schedule. 14 15 The Parties will meet and confer on a date for the deposition requested in DATED: February 14, 2017 MAYER BROWN LLP Dale J. Giali Keri E. Borders Rebecca B. Johns 16 17 By: /s/Dale J. Giali Dale J. Giali Attorneys for Defendant 18 19 20 21 DATED: February 14, 2017 LEXINGTON LAW GROUP Howard Hirsch Abigail Blodgett 22 By: /s/Howard Hirsch Howard Hirsch Attorneys for Plaintiff 23 24 25 26 27 28 3 723229579 STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME; CASE NO. 3:16-CV-06090-WHO 1 2 3 4 ATTESTATION I, Dale J. Giali, hereby attest, pursuant to N.D. Cal. Local. Rule 5.1(i)(3), that concurrence to the filing of this document has been obtained from each signatory. 5 By: /s/ Dale J. Giali 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 723229579 STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME; CASE NO. 3:16-CV-06090-WHO 1 2 3 ORDER PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 4 5 Dated: February 17, 2017 6 UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 723229579 STIPULATED REQUEST AND ORDER FOR AN ORDER EXTENDING TIME; CASE NO. 3:16-CV-06090-WHO