Jeff Jonah v. Kimberly-Clark Corporation et al

Northern District of California, cand-4:2015-cv-03243

ORDER SETTING BRIEFING SCHEDULE AND HEARING by Hon. Phyllis J. Hamilton granting {{25}} Stipulation.

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Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page1 of 10 1 Amy P. Lally, SBN 198555 alally@sidley.com 2 Darlene M. Cho, SBN 251167 dcho@sidley.com 3 SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 4 Los Angeles, California 90013 Telephone: (213) 896-6000 5 Facsimile: (213) 896-6600 6 Attorneys for Defendants 7 KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK GLOBAL SALES, 8 LLC; and KIMBERLY-CLARK WORLDWIDE, INC. 9 10 UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 12 13 JEFF JONAH, an individual, on behalf of) Case No. 15-cv-03243-PJH 14 himself, the general public and those) similarly situated,) Assigned to: Hon. Phyllis J. Hamilton 15) Plaintiff,) STIPULATION SETTING BRIEFING 16) SCHEDULE AND HEARING FOR v.) DEFENDANTS’ MOTION TO DISMISS 17) AND STRIKE, OR IN THE KIMBERLY-CLARK CORPORATION;) ALTERNATIVE, MOTION TO STAY 18 KIMBERLY-CLARK WORLDWIDE,) FOLLOWING PLAINTIFF’S FILING OF INC.; KIMBERLY-CLARK GLOBAL) FIRST AMENDED COMPLAINT 19 SALES LLC; and DOES 1 through 50)) Complaint Filed: June 9, 2015 20 Defendants.) Trial Date: None Set) 21)) 22)) 23 24 25 26 27 28 STIPULATION RE: BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO DISMISS AND STRIKE, OR IN THE ALTERNATIVE, MOTION TO STAY FOLLOWING FIRST AM. COMPL. CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page2 of 10 1 This stipulation is entered into by Defendants Kimberly-Clark Corporation, Kimberly Clark 2 Global Sales, LLC and Kimberly-Clark Worldwide, Inc. ("Defendants" or "Kimberly-Clark") and 3 Plaintiff Jeff Jonah ("Plaintiff" or "Jonah") (collectively, the "Parties"), by and through their 4 respective counsel, with reference to the following facts and recitals: 5 A. On June 9, 2015, Plaintiff commenced this action by filing a complaint in the 6 Superior Court of San Mateo County; 7 B. On July 13, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark 8 Worldwide, Inc. removed this action to federal court (Doc. No. 1); 9 C. On July 20, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark 10 Worldwide, Inc. filed a motion to dismiss and strike certain allegations in the complaint filed by 11 Plaintiff, or in the alternative, to stay the action pending the appeal in Davidson v. Kimberly-Clark 12 Corporation, et al., case number 14-cv-1783-PJH (the "Davidson Action") (the "Motion") (Doc. No. 13 12); 14 D. On July 23, 2015, this action was deemed related to the Davidson Action and 15 assigned to the Honorable Phyllis J. Hamilton pursuant to Local Rules 3-12 and 7-11 (Doc. No. 16); 16 E. On August 3, 2015, Plaintiff responded to the Motion by filing a first amended 17 complaint (Doc. No. 24) pursuant to Fed. R. Civ. P. 15(a)(1)(B); 18 F. Accordingly, the hearing on the Motion, which was set for September 16, 2015, was 19 vacated upon the filing of the first amended complaint and defendants’ request for judicial notice is 20 withdrawn without prejudice; 21 G. On August 3, 2015, in exchange for defendants’ agreement to forego the formalities 22 of requiring Plaintiff to serve Kimberly-Clark Corporation with process, the Parties agreed, subject 23 to Court approval, to the following briefing and hearing schedule with respect to defendants’ motion 24 to dismiss the first amended complaint or strike certain allegations therein, or in the alternative, 25 motion to stay the action pending the appeal in Davidson: 26 • Deadline for defendants to file motion: 9/2/2015 27 • Deadline for plaintiff to file opposition: 9/16/2015 28 • Deadline for defendants to file 1 reply: 9/23/2015 STIPULATION RE: BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO DISMISS AND STRIKE, OR IN THE ALTERNATIVE, MOTION TO STAY FOLLOWING FIRST AM. COMPL. CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page3 of 10 1 • Proposed Hearing Date/Time: 10/7/2015 at 9:00 a.m. 2 NOW, THEREFORE: 3 1. The Parties hereby respectfully request that the Court adopt the following briefing 4 schedule and set the following hearing on defendants’ motion: 5 • Deadline for defendants to file motion: 9/2/2015 6 • Deadline for plaintiff to file opposition: 9/16/2015 7 • Deadline for defendants to file reply: 9/23/2015 8 • Proposed Hearing Date/Time: 10/7/2015 at 9:00 a.m. 9 10 Dated: August 4, 2015 SIDLEY AUSTIN LLP 11 Amy P. Lally Darlene M. Cho 12 13 By:/s/Amy P. Lally Amy P. Lally 14 Attorneys for Defendants Kimberly-Clark Corporation, Kimberly-Clark 15 Global Sales LLC and Kimberly-Clark Worldwide, Inc. 16 17 Dated: August 4, 2015 GUTRIDE SAFIER LLP Kristen Simplicio 18 19 By:/s/Kristen Simplicio Kristen Simplicio 20 Attorneys for Plaintiff Jeff Jonah 21 22 ATTESTATION OF E-FILER 23 I, Amy P. Lally, in compliance with Local Rule 5-1(i), the undersigned ECF user whose 24 identification and password are being used to file this document, hereby attests that all signatories 25 have concurred in the filing of this document. 26 Dated: August 4, 2015 27 By:/s/Amy P. Lally 28 Amy P. Lally 2 STIPULATION RE: BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO DISMISS AND STRIKE, OR IN THE ALTERNATIVE, MOTION TO STAY FOLLOWING FIRST AM. COMPL. CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page4 of 10 1 Amy P. Lally, SBN 198555 alally@sidley.com 2 Darlene M. Cho, SBN 251167 dcho@sidley.com 3 SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 4 Los Angeles, California 90013 Telephone: (213) 896-6000 5 Facsimile: (213) 896-6600 6 Attorneys for Defendants 7 KIMBERLY-CLARK CORPORATION; KIMBERLY-CLARK GLOBAL SALES, 8 LLC; and KIMBERLY-CLARK WORLDWIDE, INC. 9 10 UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 12 13 JEFF JONAH, an individual, on behalf of) Case No. 15-cv-03243-PJH 14 himself, the general public and those) similarly situated,) Assigned to: Hon. Phyllis J. Hamilton 15) Plaintiff,) DECLARATION OF AMY P. LALLY 16) PURSUANT TO LOCAL RULE 6-2(a) IN v.) CONNECTION WITH STIPULATION 17) SETTING BRIEFING SCHEDULE AND KIMBERLY-CLARK CORPORATION;) HEARING FOR DEFENDANTS’ MOTION 18 KIMBERLY-CLARK WORLDWIDE,) TO DISMISS AND STRIKE, OR IN THE INC.; KIMBERLY-CLARK GLOBAL) ALTERNATIVE, MOTION TO STAY 19 SALES LLC; and DOES 1 through 50) FOLLOWING PLAINTIFF’S FILING OF) FIRST AMENDED COMPLAINT 20 Defendants.)) Complaint Filed: June 9, 2015 21) Trial Date: None Set) 22)) 23 24 25 26 27 28 DECLARATION OF AMY P. LALLY (CIV. LOCAL RULE 6-2(a)) CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page5 of 10 1 DECLARATION OF AMY P. LALLY 2 I, Amy P. Lally, declare as follows: 3 1. I am a partner at Sidley Austin LLP, counsel of record for defendants Kimberly-Clark 4 Global Sales LLC, Kimberly-Clark Corporation and Kimberly-Clark Worldwide, Inc. 5 ("Defendants") in the above-captioned action. I am admitted to practice before this Court. This 6 Declaration is made pursuant to Civil Local Rule 6-2(a) in connection with the concurrently-filed 7 Stipulation Setting Briefing Schedule and Hearing for Defendants’ Motion to Dismiss and Strike, or 8 in the Alternative, Motion to Stay Following Plaintiff’s Filing of First Amended Complaint 9 ("Stipulation"). I have personal knowledge of the following facts and, if called and sworn as a 10 witness, could and would competently testify thereto. 11 REASON FOR THE REQUESTED EXTENSION 12 2. On June 9, 2015, Plaintiff commenced this action by filing a complaint in the 13 Superior Court of San Mateo County; 14 3. On July 13, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark 15 Worldwide, Inc. removed this action to federal court (Doc. No. 1); 16 4. On July 20, 2015, defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark 17 Worldwide, Inc. filed a motion to dismiss and strike certain allegations in the complaint filed by 18 Plaintiff, or in the alternative, to stay the action pending the appeal in Davidson v. Kimberly-Clark 19 Corporation, et al., case number 14-cv-1783-PJH (the "Davidson Action") (the "Motion") (Doc. No. 20 12); 21 5. On July 23, 2015, this action was deemed related to the Davidson Action and 22 assigned to the Honorable Phyllis J. Hamilton pursuant to Local Rules 3-12 and 7-11 (Doc. No. 16); 23 6. On August 3, 2015, Plaintiff responded to the Motion by filing a first amended 24 complaint (Doc. No. 24); 25 7. On August 3, 2015, in exchange for defendants’ agreement to forego the formalities 26 of requiring Plaintiff to serve Kimberly-Clark Corporation with process, the Parties agreed, subject 27 to Court approval, to the following briefing and hearing schedule with respect to defendants’ motion 28 1 DECLARATION OF AMY P. LALLY (CIV. LOCAL RULE 6-2(a)) CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page6 of 10 1 to dismiss the first amended complaint or strike certain allegations therein, or in the alternative, 2 motion to stay the action pending the appeal in Davidson: 3 • Deadline for defendants to file motion: 9/2/2015 4 • Deadline for plaintiff to file opposition: 9/16/2015 5 • Deadline for defendants to file reply: 9/23/2015 6 • Proposed Hearing Date/Time: 10/7/2015 at 9:00 a.m. 7 PREVIOUS TIME MODIFICATIONS 8 8. The Parties have not previously requested any time modifications. 9 EFFECT ON SCHEDULE 10 9. Given the timing of the proposed hearing date and the current Case Management 11 Conference date, this request may impact the Court’s Order Setting Case Management Conference. 12 I declare under penalty of perjury under the laws of the United States of America that the 13 foregoing is true and correct. 14 15 Executed this 4th day of August, 2015, at Los Angeles, California. 16 17/s/Amy P. Lally 18 Amy P. Lally 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF AMY P. LALLY (CIV. LOCAL RULE 6-2(a)) CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page7 of 10 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 JEFF JONAH, an individual, on behalf of) Case No. 15-cv-03243-PJH himself, the general public and those) 14 similarly situated,) Assigned to: Hon. Phyllis J. Hamilton) 15 Plaintiff,) [PROPOSED] ORDER SETTING) BRIEFING SCHEDULE AND HEARING 16 v.) FOR DEFENDANTS’ MOTION TO) DISMISS AND STRIKE FIRST AMENDED 17 KIMBERLY-CLARK CORPORATION;) COMPLAINT, OR IN THE KIMBERLY-CLARK WORLDWIDE,) ALTERNATIVE, MOTION TO STAY 18 INC.; KIMBERLY-CLARK GLOBAL) SALES LLC; and DOES 1 through 50) Complaint Filed: June 9, 2015 19) Trial Date: None Set Defendants.) 20)) 21)) 22) 23 24 25 26 27 28 ORDER SETTING BRIEFING SCHEDULE AND HEARING FOR DEFENDANTS’ MOTION TO DISMISS AND STRIKE, OR IN THE ALTERNATIVE, MOTION TO STAY CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document26 Filed08/06/15 Page8 of 10 1 The Court, having reviewed the Stipulation Setting Briefing Schedule and Hearing for 2 Defendants’ Motion to Dismiss and Strike, or in the Alternative, Motion to Stay Following 3 Plaintiff’s Filing of First Amended Complaint filed by defendants Kimberly-Clark Global Sales 4 LLC, Kimberly-Clark Corporation and Kimberly-Clark Worldwide, Inc. ("Defendants") and 5 Plaintiff Jeff Jonah ("Plaintiff") (collectively, the "Parties"), and good cause appearing therefore, 6 HEREBY MAKES THE FOLLOWING ORDER: 7 1. The Court sets the following briefing schedule and hearing with respect to 8 Defendants’ anticipated Motion to Dismiss and Strike the First Amended Complaint, or in the 9 Alternative, Motion to Stay (the "Motion"): 10 • Deadline for Defendants to file Motion: 9/2/2015 11 • Deadline for Plaintiff to file opposition: 9/16/2015 12 • Deadline for Defendants to file reply: 9/23/2015 13 • Hearing Date/Time: 10/7/2015 at 9:00 a.m. 14 S DISTRICT TE C TA 15 SO ORDERED: O S U ED RT ERED UNIT O ORD 16 IT IS S R NIA amilton Dated: August 6, 2015 hyllis J. H NO 17 Judge P FO RT LI ER H A 18 Hon. Phyllis J. Hamilton N F C D IS T IC T O R 19 Chief Judge of the United States District Court for the 20 Northern District of California 21 22 23 24 25 26 27 28 1 ORDER SETTING BRIEFING SCHEDULE AND HEARING FOR DEFENDANTS’ MOTION TO DISMISS AND STRIKE, OR IN THE ALTERNATIVE, MOTION TO STAY CASE NO. 15-CV-03243-PJH