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In re Nissan North America, Inc. Litigation, 4:18-cv-07292-HSG. (2019)

Court: District Court, N.D. California Number: infdco20190806628 Visitors: 11
Filed: Aug. 01, 2019
Latest Update: Aug. 01, 2019
Summary: STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE FOR DEFENDANT NISSAN MOTOR CO., LTD.'S MOTION TO DISMISS; DECLARATION OF PAUL J. RIEHLE IN SUPPORT HAYWOOD S. GILLIAM, JR. , District Judge . WHEREAS, on March 22, 2019, Plaintiffs filed their Consolidated Class Action Complaint ("CCAC") (Dkt. 38); WHEREAS, on May 24, 2019, the parties filed a stipulation (Dkt. 46) regarding the deadline and briefing schedule for Defendant Nissan Motor Co., Ltd.'s ("NML") response to the CCAC; WHEREAS, on
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STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE FOR DEFENDANT NISSAN MOTOR CO., LTD.'S MOTION TO DISMISS; DECLARATION OF PAUL J. RIEHLE IN SUPPORT

WHEREAS, on March 22, 2019, Plaintiffs filed their Consolidated Class Action Complaint ("CCAC") (Dkt. 38);

WHEREAS, on May 24, 2019, the parties filed a stipulation (Dkt. 46) regarding the deadline and briefing schedule for Defendant Nissan Motor Co., Ltd.'s ("NML") response to the CCAC;

WHEREAS, on May 28, 2019, the Court granted the stipulation and set June 14, 2019 as the deadline for NML's response, with Plaintiffs' opposition due on July 15, 2019 and NML's reply due August 5, 2019 (Dkt. 47);

WHEREAS, on June 14, 2019, NML filed its Motion to Dismiss Plaintiffs' CCAC Pursuant to Rules 12(b)(6), 9(b) and 8(a) (Dkt. 49) and noticed the hearing for October 24, 2019;

WHEREAS, also on June 14, 2019, NML filed a Notice of Joinder (Dkt. 51), which joined in and incorporated by reference the arguments made in Defendant Nissan North America, Inc.'s ("NNA") pending Motion to (1) Dismiss or Transfer for Improper Venue or, in the Alternative, Transfer for Convenience or, Alternatively, (2) Dismiss Portions of Plaintiffs' CCAC (Dkt. 42);

WHEREAS, on June 27, 2019, the Court held a hearing on NNA's motion, which NML had joined, and took the matter under submission (Dkt. 55);

WHEREAS, on July 15, 2019, Plaintiffs filed their Opposition (Dkt. 57) to NML's Motion to Dismiss;

WHEREAS, Plaintiffs' opposition responds to the arguments NML asserted in its Motion to Dismiss and also addresses an argument that NNA had made in its motion to dismiss, which NML had joined but not otherwise briefed;

WHEREAS, in light of the foregoing, and due to the press of urgent business in other matters handled by NML's counsel, the counsel for NML contacted Plaintiffs' counsel to request a ten (10) day extension to prepare its reply;

WHEREAS, Plaintiffs and NML have met and conferred through counsel regarding an extension of the deadline for NML to file its reply in support of its motion to dismiss, and have reached the agreement set forth below, pursuant to Civil L.R. 6-1(a);

THEREFORE, IT IS HEREBY STIPULATED by the parties, through their respective counsel, that the deadline for NML to file its reply shall be extended by 10 days, to and including August 15, 2019.

IT IS SO STIPULATED.

Dated: July 31, 2019 BURSOR & FISHER, P.A. By: /s/ Joel D. Smith L. Timothy Fisher Joel D. Smith Frederick J. Klorczyk III Attorneys for Plaintiffs Dated: July 31, 2019 DRINKER BIDDLE & REATH LLP By: /s/ Paul J. Riehle Paul J. Riehle E. Paul Cauley, Jr. (pro hac vice) Matthew J. Adler Attorneys for Defendants NISSAN NORTH AMERICA, INC. and NISSAN MOTOR CO., LTD.

Attestation Pursuant to Civil Local Rule 5-1(i)

Pursuant to Civil Local Rule 5-1(i), I, Paul J. Riehle, hereby attest that I have obtained concurrence in the filing of this document from the other signatory to this document.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 31st day of July 2019 in San Francisco, CA.

/s/ Paul Riehle Paul J. Riehle

ORDER

PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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