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Weismann v. Stitch Fix, Inc., 4:18-cv-06565-HSG. (2018)

Court: District Court, N.D. California Number: infdco20181109j34 Visitors: 11
Filed: Nov. 08, 2018
Latest Update: Nov. 08, 2018
Summary: STIPULATION AND ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE AND RESET ALL RELATED DEADLINES AND EXTEND DEFENDANTS' TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiff Steven Weismann, individually and on behalf of all others similarly situated, ("Plaintiff"), by and through his undersigned counsel, and Defendants Stitch Fix, Inc. ("Stitch Fix"), Katrina Lake, Paul Yee, and Mike C. Smith (Defendants), by and through their undersign
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STIPULATION AND ORDER TO VACATE INITIAL CASE MANAGEMENT CONFERENCE AND RESET ALL RELATED DEADLINES AND EXTEND DEFENDANTS' TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT

Plaintiff Steven Weismann, individually and on behalf of all others similarly situated, ("Plaintiff"), by and through his undersigned counsel, and Defendants Stitch Fix, Inc. ("Stitch Fix"), Katrina Lake, Paul Yee, and Mike C. Smith (Defendants), by and through their undersigned counsel, hereby stipulate and agree as follows.

WHEREAS Plaintiff's Class Action Complaint for Violations of the Federal Securities Laws was filed in the action styled Weismann v. Stitch Fix, Inc. et al., No. 4:18-cv-06565-HSG on October 26, 2018 (Dkt. No. 1) (the "Complaint");

WHEREAS, Plaintiff has not yet served the Complaint on any Defendant;

WHEREAS, under Rule 12 of the Federal Rules of Civil Procedure, Defendants will be required to answer or otherwise respond to Plaintiff's Complaint within 21 days of service;

WHEREAS, another Class Action Complaint for Violations of the Federal Securities Laws concerning substantially the same parties and events was filed in the action styled Sawicki v. Stitch Fix, Inc. et al, No. 3:18-cv-06208-JD on October 11, 2018 (Dkt. No. 1).

WHEREAS, under section 78u-4(a)(3) of the Private Securities Litigation Reform Act of 1995 ("PSLRA") the deadline to file a motion to appoint lead plaintiff and to appoint lead counsel is December 10, 2018;

WHEREAS, on October 29, 2018, this Court issued an Order, scheduling an Initial Case Management Conference for February 5, 2019 along with related Alternative Dispute Resolution ("ADR") deadlines;

WHEREAS, the parties agree that, in light of the deadline to file a motion to appoint lead plaintiff and lead counsel, and in the interest of judicial economy and preservation of the Court's and the parties' resources, Defendants need not respond to the pending Complaint;

WHEREAS, under Civil Local Rule 6-1(a), the parties may stipulate in writing, without a Court order, to extend the time within which to answer or otherwise respond to the Complaint provided that the change will not alter the date of any event or any deadline already fixed by Court order;

WHEREAS the Court has not issued any order setting the time within which Defendants must answer or otherwise respond to the Complaint;

NOW THEREFORE, the parties hereby STIPULATE and AGREE as follows, through their undersigned counsel:

1. Defendants shall not be required to, and shall not waive any rights, arguments, or defenses by not answering, moving against, or otherwise responding to the pending Complaint in the action styled Weismann v. Stitch Fix, Inc. et al., No. 4:18-cv-062565-HSG.

2. Upon appointment of a lead plaintiff and lead counsel, the parties will meet and confer to set a schedule for the filing by such lead plaintiff of a consolidated complaint and Defendants' response.

3. The Initial Case Management Conference currently scheduled for February 5, 2019, along with any associated deadlines under the Federal Rules of Civil Procedure and Local Rules (including ADR deadlines), shall be vacated and reset after appointment of lead plaintiff and lead counsel.

IT IS SO STIPULATED.

ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))

In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from the signatory.

* * *

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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