Filed: Nov. 01, 2017
Latest Update: Nov. 01, 2017
Summary: The JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO SET BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS OR STAY FIRST AMENDED COMPLAINT EDWARD M. CHEN , District Judge . JOINT STIPULATION WHEREAS: (1) Plaintiffs Shaun Ray Bell and Makinde Pecanha filed their initial Complaint against Defendant The Hain Celestial Group, Inc. on August 8, 2017; (2) Following the filing of Plaintiffs' initial Complaint, the Court issued an Order on August 11, 2017 in which it scheduled
Summary: The JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO SET BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS OR STAY FIRST AMENDED COMPLAINT EDWARD M. CHEN , District Judge . JOINT STIPULATION WHEREAS: (1) Plaintiffs Shaun Ray Bell and Makinde Pecanha filed their initial Complaint against Defendant The Hain Celestial Group, Inc. on August 8, 2017; (2) Following the filing of Plaintiffs' initial Complaint, the Court issued an Order on August 11, 2017 in which it scheduled t..
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The JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO SET BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS OR STAY FIRST AMENDED COMPLAINT
EDWARD M. CHEN, District Judge.
JOINT STIPULATION
WHEREAS:
(1) Plaintiffs Shaun Ray Bell and Makinde Pecanha filed their initial Complaint against Defendant The Hain Celestial Group, Inc. on August 8, 2017;
(2) Following the filing of Plaintiffs' initial Complaint, the Court issued an Order on August 11, 2017 in which it scheduled the initial Case Management Conference for November 9, 2017;
(3) On October 6, 2017, Hain Celestial moved to dismiss Plaintiffs' Complaint;
(4) On October 20, 2017, Plaintiffs filed their First Amended Complaint against Hain Celestial and Hain Celestial's subsidiary JĀSÖN Natural Products, Inc.
(5) Defendants intend to file a motion to dismiss Plaintiffs' First Amended Complaint. If Defendants filed that motion on November 3, 2017, the first available hearing date would be December 14, 2017, over a month after the initial Case Management Conference.
(6) The parties agree that the Case Management Conference should be postponed until at least the hearing on Defendants' motion to dismiss, as the Court's ruling on that motion could have a significant effect on the scope of discovery with respect to the claims and products at issue;
NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS:
(1) The parties agree to the following briefing schedule:
a. Defendants' motion to dismiss shall be filed by November 3, 2017;
b. Plaintiffs' opposition shall be filed by December 1, 2017;
c. Defendants' reply shall be filed by December 15, 2017;
d. Defendants' motion shall be noticed for hearing on January 18, 2018, at 1:30 p.m.
(2) The parties agree that the initial Case Management Conference shall be continued until January 18, 2018, or the first date thereafter that is convenient for the Court.
IT IS SO AGREED AND STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
