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Swearingen v. Attune Foods, Inc., 4:13-cv-04541 SBA. (2014)

Court: District Court, N.D. California Number: infdco20140327a97 Visitors: 17
Filed: Mar. 26, 2014
Latest Update: Mar. 26, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SAUNDRA BROWN ARMSTRONG, District Judge. Plaintiffs Mary Swearingen and Robert Figy ("Plaintiffs"), and Defendant ATN Holdings, Inc. (f/k/a/Attune Foods, Inc.) ("Defendant"), hereby stipulate as follows: 1. Plaintiffs Mary Swearingen and Robert Figy ("Plaintiffs") filed their Complaint on October 1, 2013. ATN Holdings, Inc. (formerly known as Attune Foods, Inc.) ("Defendant") was served on October 11, 2013. The parties pr
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

SAUNDRA BROWN ARMSTRONG, District Judge.

Plaintiffs Mary Swearingen and Robert Figy ("Plaintiffs"), and Defendant ATN Holdings, Inc. (f/k/a/Attune Foods, Inc.) ("Defendant"), hereby stipulate as follows:

1. Plaintiffs Mary Swearingen and Robert Figy ("Plaintiffs") filed their Complaint on October 1, 2013. ATN Holdings, Inc. (formerly known as Attune Foods, Inc.) ("Defendant") was served on October 11, 2013. The parties previously stipulated pursuant to Local Rule 6-1(a) that Defendant would have until December 6, 2013 to answer or otherwise respond to the Complaint (Docket 11).

2. Given scheduling difficulties surrounding the holidays in November and December, the parties stipulated to extend Defendant's time to answer or otherwise respond to Plaintiffs' Complaint until January 15, 2014 (Dkt. 12).

3. Subsequently, Counsel for Attune Foods, Inc., filed its Motion to Dismiss Plaintiffs' Complaint on January 15, 2014 (Dkt. 15).

4. Plaintiffs filed their Amended Complaint against Attune Foods, Inc., January 29, 2014 (Dkt. 18).

5. Defendant's Motion to Dismiss was Denied as Moot February 5, 2014 (Dkt. 19).

6. Subsequently, Counsel for Defendant's Withdrawal and Substitution of Counsel was filed February 6, 2014 and Granted by the Court February 7, 2014 (Dkts. 22 and 23).

7. Pursuant to the parties' Stipulation (Dkt. 24), Defendant filed its Motion to Dismiss the Complaint ("Motion") on March 4, 2014 (Dkt. 25), and the Motion was scheduled for hearing on April 8, 2014;

8. For good cause shown, including commitments in other cases, Plaintiffs' counsel required additional time to respond to the Motion (Dkt. 26);

9. The Court extended the briefing schedule of the Motion, and continued the hearing date of the Motion to May 13, 2014 (Dkt. 27); and

10. The Case Management Conference presently is set for April 9, 2014. Based on the foergoing, the parties stipulate and respectfully request that the Case Management Conference be continued to a date after the hearing of the Motion to Dismiss.

Subject to approval by the Court, the parties hereby stipulate as follows:

The Case Management Conference is rescheduled to May 28, 2014.

IT IS SO STIPULATED.

ATTESTATION

I, John T. Burnite, am the attorney whose ECF number is being used to file the STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE, and I have obtained the consent of all of the signatories thereto.

[PROPOSED] ORDER

Pursuant to the parties' Stipulation, and good cause appearing therefor,

IT IS SO ORDERED.

Source:  Leagle

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