Filed: Oct. 12, 2018
Latest Update: Oct. 12, 2018
Summary: STIPULATION AND ORDER TO FILE SECOND AMENDED COMPLAINT AND SET MOTION TO DISMISS BRIEFING SCHEDULE JOHN A. MENDEZ , District Judge . Plaintiffs MARTIN E. GROSSMAN, and RICHARD DAVID CLASSICK, JR. ("Plaintiffs") and Defendant SCHELL & KAMPETER, INC. d/b/a DIAMOND PET FOODS (also improperly named as Diamond Pet Foods Inc.) ("Defendant"), collectively referred to as the "Parties," by and through their respective counsel, hereby stipulate as follows: 1. On August 28, 2018, Plaintiff Martin E.
Summary: STIPULATION AND ORDER TO FILE SECOND AMENDED COMPLAINT AND SET MOTION TO DISMISS BRIEFING SCHEDULE JOHN A. MENDEZ , District Judge . Plaintiffs MARTIN E. GROSSMAN, and RICHARD DAVID CLASSICK, JR. ("Plaintiffs") and Defendant SCHELL & KAMPETER, INC. d/b/a DIAMOND PET FOODS (also improperly named as Diamond Pet Foods Inc.) ("Defendant"), collectively referred to as the "Parties," by and through their respective counsel, hereby stipulate as follows: 1. On August 28, 2018, Plaintiff Martin E. G..
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STIPULATION AND ORDER TO FILE SECOND AMENDED COMPLAINT AND SET MOTION TO DISMISS BRIEFING SCHEDULE
JOHN A. MENDEZ, District Judge.
Plaintiffs MARTIN E. GROSSMAN, and RICHARD DAVID CLASSICK, JR. ("Plaintiffs") and Defendant SCHELL & KAMPETER, INC. d/b/a DIAMOND PET FOODS (also improperly named as Diamond Pet Foods Inc.) ("Defendant"), collectively referred to as the "Parties," by and through their respective counsel, hereby stipulate as follows:
1. On August 28, 2018, Plaintiff Martin E. Grossman filed his Class Action Complaint in federal court against Defendant that included a claim for violations of the CLRA and requested injunctive and equitable relief pursuant to the CLRA. (ECF No. 1)
2. On September 5, 2018, Plaintiff filed an amended complaint, adding Richard David Classick, Jr. as a named Plaintiff. (ECF No. 4)
3. Defendant's current deadline to respond to Plaintiffs' Amended Complaint is October 18, 2018. (ECF No. 6)
4. On September 18, 2018, Plaintiffs provided notice to defendant of alleged violations of California's Consumers Legal Remedies Act ("CLRA") and requested relief within 30 days of receipt, or Plaintiffs would subsequently request damages pursuant to the CLRA;
5. Plaintiffs anticipate seeking to further amend the complaint to add a claim for damages under the CLRA after the expiration of the 30-day notice period.
6. Counsel for the Parties conferred, and Defendant does not oppose the filing of Plaintiffs' Second Amended Complaint, without waiver of any and all objections Defendant may have to the CLRA letter, including to the timeliness of the CLRA letter;
7. The Parties further conferred regarding a briefing schedule for Defendant's anticipated motion to dismiss Plaintiffs' Second Amended Complaint. NOW, THEREFORE, the Parties hereby agree and STIPULATE as follows:
a. Plaintiffs shall file and serve their Second Amended Complaint on or before October 19, 2018;
b. Defendant shall file and serve its Motion to Dismiss Plaintiffs' Second Amended Complaint on or before November 20, 2018;
c. Plaintiffs shall file and serve their opposition to Defendants' Motion to Dismiss on or before December 20, 2018;
d. Defendant shall file and serve a reply in support of its Motion to Dismiss on or before January 16, 2019; and
e. Defendant's Motion to Dismiss shall be set for hearing on Tuesday, February 5, 2019 at 1:30 p.m.
IT IS SO STIPULATED.
ATTESTATION OF SIGNATURE
Pursuant to Civil L.R. 131(e), the undersigned hereby attests that concurrence in the filing of this document has been obtained from all signatories hereto. Dated: October 11, 2018.
ORDER
The parties' above-referenced stipulation is hereby GRANTED.
IT IS SO ORDERED.
