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Doe One v. CVS Pharmacy, Inc., 3:18-CV-1031-EMC. (2018)

Court: District Court, N.D. California Number: infdco20180807c85 Visitors: 8
Filed: Aug. 06, 2018
Latest Update: Aug. 06, 2018
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON MOTIONS TO DISMISS (ECF NO. 97) EDWARD M. CHEN , District Judge . Pursuant to Civil L.R. 7-12, 6-1(b) and 6-2, it is hereby stipulated by and between the parties, through their respective counsel, as follows: WHEREAS, on July 27, 2018, Defendants Lowe's Companies, Inc. ("LCI") filed a Motion to Dismiss the Corrected Amended Complaint (ECF No. 97); WHEREAS, based on L.R. 7-3(a), Plaintiffs' opposition to the LCI's
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JOINT STIPULATION AND [PROPOSED] ORDER TO ENLARGE BRIEFING SCHEDULE ON MOTIONS TO DISMISS (ECF NO. 97)

Pursuant to Civil L.R. 7-12, 6-1(b) and 6-2, it is hereby stipulated by and between the parties, through their respective counsel, as follows:

WHEREAS, on July 27, 2018, Defendants Lowe's Companies, Inc. ("LCI") filed a Motion to Dismiss the Corrected Amended Complaint (ECF No. 97);

WHEREAS, based on L.R. 7-3(a), Plaintiffs' opposition to the LCI's motion to dismiss is currently due on August 10, 2018 (when one of Plaintiffs' counsel is to be on vacation, and responses to two other related motions are due);

WHEREAS, based on L.R. 7-3(c), Defendant LCI's reply in support of its motion is currently due August 17, 2018;

WHEREAS, by agreement, the other Defendants who have filed motions agreed to a briefing schedule that was modified by Order of the Court (ECF No. 102), and the parties have agreed that the hearing date on all Motions to Dismiss directed at the Corrected Amended Complaint are currently set for September 27, 2018 at 1:30 p.m.;

WHEREAS, counsel for LCI is willing to agree to a modification of the current schedule to accommodate Plaintiffs' counsel, provided that the modified briefing schedule does not interfere with a pre-planned, pre-paid vacation that LCI's counsel intends to take from August 17 to August 25, 2018;

WHEREAS, LCI's agreement to an extension of Plaintiffs' deadline to file their opposition to LCI's motion to dismiss is contingent on LCI's reply being due no earlier than August 31, 2018;

WHEREAS, the parties desire additional time to respond and reply to the pending motions and provide the Court with sufficient time to have that briefing completed, and agree that none of the current motion hearing dates on the Court's calendar would need to be continued or changed as a result of this Stipulation as set forth in the accompanying declaration of Alan M. Mansfield;

NOW, THEREFORE, the parties stipulate that:

1. Plaintiffs shall have until August 23, 2018 to file their oppositions to Defendant LCI's Motion to Dismiss the Corrected Amended Complaint (ECF No. 97);

2. Defendant LCI shall have until August 31, 2018 to file any reply in support of its Motion to Dismiss the Corrected Amended Complaint; and

3. The hearing date of September 27, 2018 at 1:30 p.m. for the pending and anticipated motions to dismiss shall remain as currently scheduled.

ECF ATTESTATION

Pursuant to L.R. 5-1(i)(3), Alan M. Mansfield hereby attests that concurrence in the filing of this document has been obtained from all signatories.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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