Filed: Jul. 17, 2018
Latest Update: Jul. 17, 2018
Summary: STIPULATED REQUEST AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDULE RE MOTION TO DISMISS AND STRIKE AND CONTINUING CASE MANAGEMENT CONFERENCE EDWARD M. CHEN , District Judge . TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Defendants Mattress Firm, Inc. ("Mattress"), TForce Final Mile West, LLC (incorrectly named as Dynamex) ("TForce"), and XPO Last Mile, Inc. d/b/a/XPO Logistics (incorrectly named as XPO Logistics Supply Chain, Inc.) ("XPO") (collectively, "Defendants
Summary: STIPULATED REQUEST AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDULE RE MOTION TO DISMISS AND STRIKE AND CONTINUING CASE MANAGEMENT CONFERENCE EDWARD M. CHEN , District Judge . TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Defendants Mattress Firm, Inc. ("Mattress"), TForce Final Mile West, LLC (incorrectly named as Dynamex) ("TForce"), and XPO Last Mile, Inc. d/b/a/XPO Logistics (incorrectly named as XPO Logistics Supply Chain, Inc.) ("XPO") (collectively, "Defendants"..
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STIPULATED REQUEST AND [PROPOSED] ORDER FOR EXTENSION OF BRIEFING SCHEDULE RE MOTION TO DISMISS AND STRIKE AND CONTINUING CASE MANAGEMENT CONFERENCE
EDWARD M. CHEN, District Judge.
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendants Mattress Firm, Inc. ("Mattress"), TForce Final Mile West, LLC (incorrectly named as Dynamex) ("TForce"), and XPO Last Mile, Inc. d/b/a/XPO Logistics (incorrectly named as XPO Logistics Supply Chain, Inc.) ("XPO") (collectively, "Defendants"), on the one hand, and Plaintiff Alfredo Bravo ("Plaintiff"), on the other hand, by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, Plaintiff filed a First Amended Complaint on June 21, 2018 (Dkt No. 40).
WHEREAS, Mattress, XPO and TForce filed a Joint Motion to Dismiss and Motion to Strike Plaintiff's First Amended Complaint on July 5, 2018 (Dkt. No. 46).
WHERAS, Plaintiff's counsel filed a Notice of Unavailability with the Court on July 5, 2018 notifying the Court, Parties and respective counsel that he would be out of the country and unavailable between July 20, 2018 and August 4, 2018 (Dkt. No. 45).
WHEREAS, on May 24, 2018, the Court reset the initial case management conference from June 28, 2018 to August 9, 2018 (Dk. No. 26).
WHEREAS, the hearing on Mattress, XPO and TForce's Joint Motion to Dismiss and Strike is scheduled for August 9, 2018.
WHEREAS, counsel for Plaintiff needs additional time to prepare Plaintiff's opposition to Defendants' Motion to Dismiss and Strike as a result of his unavailability during part of July and August.
WHEREAS, Plaintiff agreed to provide Defendants with a reciprocal extension of time to file their reply brief.
WHEREAS, the Parties desire to reschedule the hearing date on Mattress, XPO and TForce's Motion to Dismiss and Strike to allow for the extended briefing schedule; and
WHEREAS, the Parties desire to reschedule the initial case management conference to take place after the hearing on Defendants' Motions to Dismiss and Strike.
NOW, THEREFORE, the Parties have met and conferred, and agree upon the following:
1. Plaintiff will file his opposition to Defendant Mattress, XPO and TForce's Motion to Dismiss and Strike the First Amended Complaint on or before August 9, 2018.
2. Defendants Mattress, XPO and TForce will file their reply in support of their joint Motion to Dismiss and Strike the First Amended Complaint on September 6, 2018.
3. The hearing on Defendants Mattress, XPO and TForce's Motion to Dismiss and Strik Plaintiff's First Amended Complaint shall be continued to September 20, 2018 at 1:30 p.m., or to a date and time that is convenient for the Court.
4. The initial case management conference shall be continued to September 20, 2018 at 1:30 a.m., or to a date and time that is convenient for the Court.
IT IS SO STIPULATED.
SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from the other signatories.
Dated: July 13, 2018. OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By: /s/Lauren M. Cooper
DOUGLAS J. FARMER
LAUREN M. COOPER
Attorneys for Defendants
MATTRESS FIRM, INC., TFORCE FINAL
MILE WEST, LLC (incorrectly named as
Dynamex) and XPO LAST MILE, INC. d/b/a
XPO LOGISTICS (incorrectly named as
XPO Logistics Supply Chain, Inc.)
PURSUANT TO STIPULATION, IT IS SO ORDERED.
