Filed: Nov. 01, 2016
Latest Update: Nov. 01, 2016
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS EDWARD M. CHEN , District Judge . Subject to the Court's approval, the parties stipulate as follows: WHEREAS, on October 31, 2016, Late July filed a motion to dismiss the Second Amended complaint in this action, which set February 16, 2017 as the date for hearing the motion; WHEREAS, on October 31, 2016, Healthy Beverage, LLC filed a motion to dismiss the Second Amende
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS EDWARD M. CHEN , District Judge . Subject to the Court's approval, the parties stipulate as follows: WHEREAS, on October 31, 2016, Late July filed a motion to dismiss the Second Amended complaint in this action, which set February 16, 2017 as the date for hearing the motion; WHEREAS, on October 31, 2016, Healthy Beverage, LLC filed a motion to dismiss the Second Amended..
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS
EDWARD M. CHEN, District Judge.
Subject to the Court's approval, the parties stipulate as follows:
WHEREAS, on October 31, 2016, Late July filed a motion to dismiss the Second Amended complaint in this action, which set February 16, 2017 as the date for hearing the motion;
WHEREAS, on October 31, 2016, Healthy Beverage, LLC filed a motion to dismiss the Second Amended complaint, also setting a hearing date of February 16, 2017, in the action captioned Swearingen et al v. Healthy Beverage, LLC, 13-cv-04385, which is also pending before this Court, asserts claims relating to the use of "evaporated cane juice," and is currently on the same schedule as this action;
WHEREAS, a CMC is currently scheduled for November 18, 2016 in both this matter and the Healthy Beverage matter; and
WHEREAS, the parties to this action and the Healthy Beverage action have all conferred and agree that conducting the CMCs prior to the completion of briefing and a hearing on the motions to dismiss is unlikely to advance these matters or to be an efficient use of the Court's or the parties' resources;
The parties stipulate and respectfully request that the Court enter an order as follows:
1. Adjourning the November 18, 2016 CMC until February 16, 2017, or a date thereafter that is convenient for the Court;
2. Setting a deadline of December 16, 2016 for Plaintiffs to file their opposition to the motion to dismiss; and
3. Setting a deadline of January 16, 2017 for Late July to file its reply in response to Plaintiffs' opposition to the motion to dismiss.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
