Filed: Aug. 29, 2016
Latest Update: Aug. 29, 2016
Summary: STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER AS MODIFIED BY THE COURT CLASS ACTION RICHARD SEEBORG , District Judge . Pursuant to the United States District Court, Northern District of California Local Rules, Rule 6-1(a), Plaintiff Andy Wu ("Plaintiff"), and Defendant Post Foods, LLC, and Post Holdings, Inc. (collectively, "Defendants"), by and through their respective counsel, stipulate and agree as follows: 1. WHEREAS
Summary: STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER AS MODIFIED BY THE COURT CLASS ACTION RICHARD SEEBORG , District Judge . Pursuant to the United States District Court, Northern District of California Local Rules, Rule 6-1(a), Plaintiff Andy Wu ("Plaintiff"), and Defendant Post Foods, LLC, and Post Holdings, Inc. (collectively, "Defendants"), by and through their respective counsel, stipulate and agree as follows: 1. WHEREAS,..
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STIPULATION TO EXTEND DEADLINES FOR RESPONSE AND REPLY TO MOTION TO DISMISS PURSUANT TO LOCAL RULE 6-2; AND ORDER AS MODIFIED BY THE COURT CLASS ACTION
RICHARD SEEBORG, District Judge.
Pursuant to the United States District Court, Northern District of California Local Rules, Rule 6-1(a), Plaintiff Andy Wu ("Plaintiff"), and Defendant Post Foods, LLC, and Post Holdings, Inc. (collectively, "Defendants"), by and through their respective counsel, stipulate and agree as follows:
1. WHEREAS, Plaintiff filed his initial Complaint on June 22, 2016, and served the Complaint on July 5, 2016.
2. WHEREAS, per Defendants' request, Plaintiff and Defendants entered into a stipulation on July 15, 2016, extending Defendants' time to answer or respond to Plaintiff's Complaint an additional 21 days, to August 16, 2016.
3. WHEREAS, per Defendants' request, Plaintiff and Defendants entered into a second stipulation on August 10, 2016, extending Defendants' time to answer or respond to Plaintiff's Complaint an additional 7 days, to August 23, 2016.
4. WHEREAS, on August 23, 2016, Defendants filed a Motion to Dismiss Pursuant to FRCP 12(b)(6) ("Motion to Dismiss"), and the deadline for Plaintiff to file a response to the Motion to Dismiss is September 6, 2016.
5. WHEREAS, Plaintiff and Defendants have since agreed to extend the deadline for Plaintiff to file the response to the Motion to Dismiss by 14 days, to September 20, 2016.
6. WHEREAS, Plaintiff and Defendants have further agreed to extend the deadline for Defendants to file their reply in support of the Motion to Dismiss by 21 days, to October 4, 2016.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that Plaintiff shall respond to Defendants' Motion to Dismiss by September 20, 2016, and Defendant shall file a reply in support of their Motion to Dismiss by October 4, 2016. Motion to Dismiss Hearing shall be heard on October 27, 2016 at 1:30 p.m. in Courtroom #3, 17th Floor.
LOCAL RULE 5-1(i)(3) STATEMENT
Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this document has been obtained from counsel for all parties, and that I will maintain records to support this concurrence by all counsel subject to this Stipulation as required under the local rule.
I. ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
