Payne v. Office of the Commissioner of Baseball et al

Northern District of California, cand-4:2015-cv-03229

STIPULATION AND ORDER Regarding Proposed Briefing Schedule. Motions terminated: {{37}} MOTION to Dismiss CLASS ACTION COMPLAINT. Signed by Judge Samuel Conti on 10/27/2015.

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1 ROBERT C. HILLIARD (Pro Hac Vice) KEKER & VAN NEST LLP MARION REILLY (Pro Hac Vice) JOHN W. KEKER - #49092 2 HILLIARD MUÑOZ GONZALES L.L.P. R. ADAM LAURIDSEN - #243780 719 S Shoreline Blvd., Suite #500 THOMAS E. GORMAN - #279409 3 PHILIP J. TASSIN - #287787 Corpus Christi, TX 78401 633 Battery Street 4 Telephone: (361) 882-1612 San Francisco, CA 94111 Facsimile: (361) 882-3015 Telephone: (415) 391-5400 5 bobh@hmglawfirm.com Facsimile: (415) 397-7188 marion@hmglawfirm.com jkeker@kvn.com 6 alauridsen@kvn.com tgorman@kvn.com 7 Steve W. Berman (Pro Hac Vice) ptassin@kvn.com Anthea Grivas (Pro Hac Vice) 8 HAGENS BERMAN SOBOL SHAPIRO LLP Attorneys for Defendants 1918 Eighth Avenue, Suite 3300 OFFICE OF THE COMMISSIONER OF 9 Seattle, WA 98101 BASEBALL (d/b/a MAJOR LEAGUE Telephone: (206) 623-7292 BASEBALL); and ROBERT D. MANFRED, 10 Facsimile: (206) 623-0594 JR. steve@hbsslaw.com 11 antheag@hbsslaw.com 12 Attorneys for Plaintiffs GAIL PAYNE, ROBERT GORMAN 13 and STEPHANIE SMITH 14 [Additional Counsel on Signature Page] 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 GAIL PAYNE, ROBERT GORMAN, and No. 3:15-CV-03229-SC 19 STEPHANIE SMITH, individually and on behalf of all others similarly situated, 20 Plaintiff, JOINT STIPULATION AND 21 [PROPOSED] ORDER REGARDING 22 v. PROPOSED BRIEFING SCHEDULE 23 OFFICE OF THE COMMISSIONER OF Judge: Hon. Samuel Conti BASEBALL (d/b/a MAJOR LEAGUE 24 BASEBALL); and ROBERT D. MANFRED, Date Filed: October 23, 2015 JR., et al. 25 26 Defendants. 27 28 JOINT STIPULATION AND PROPOSED ORDER C.A. NO. 3:15-CV-03229-SC 1 Plaintiff Gail Payne and Defendants Office of the Commissioner of the Baseball (d/b/a 2 Major League Baseball) and Robert D. Manfred, Jr., by and through their undersigned counsel, 3 dispute and agree as follows: 4 WHEREAS, on July 13, 2015, Plaintiff filed her Original Complaint; 5 WHEREAS, on October 2, 2015, Defendants filed a Motion to Dismiss the Original 6 Complaint pursuant to Federal Rule of Civil Procedure 12(b); 7 WHEREAS, pursuant to a Stipulation entered into by the Parties, Plaintiff's deadline to file 8 her Response in Opposition to Defendants' Motion to Dismiss is October 23, 2015; 9 WHEREAS, Plaintiff's deadline to file an Amended Complaint as a matter of right was 10 October 23, 2015 and Plaintiff filed an Amended Complaint on or before that date; 11 WHEREAS, Defendants agreed to withdraw their Motion to Dismiss the Original 12 Complaint upon the filing of Amended Complaint and have now done so; 13 WHEREAS, Defendants anticipate filing a New Motion to Dismiss the Amended 14 Complaint; 15 WHEREAS, the parties believe that a briefing schedule regarding the new Motion to 16 Dismiss will be efficient for the Court and parties 17 IT IS THEREFORE STIPULATED that: 18 1. Defendants' Motion to Dismiss Plaintiff's First Amended Complaint shall be filed no 19 later than November 20, 2015; 20 2. Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Plaintiff's First 21 Amended Complaint shall be filed no later than December 14, 2015; 22 3. Defendants' Reply in Support of their Motion to Dismiss Plaintiff's First Amended 23 Complaint shall be filed no later than December 23, 2015. 24 SO STIPULATED AND AGREED: 25 26 27 28 JOINT STIPULATION AND PROPOSED ORDER C.A. NO. 3:15-CV-03229-SC -3- 1 DATED: October 23, 2015 HILLIARD MUÑOZ GONZALES L.L.P. 2 3 By /s/ Robert C. Hilliard ROBERT C. HILLARD 4 MARION M. REILLY 5 Attorneys for Plaintiff 6 GAIL PAYNE 7 8 DATED: October 23, 2015 By /s/ Steve W. Berman STEVE W. BERMAN 9 ANTHEA GRIVAS 10 Attorneys for Plaintiff GAIL PAYNE 11 12 DATED: October 23, 2015 By /s/ John W. Keker 13 JOHN W. KEKER R. ADAM LAURIDSEN 14 THOMAS E. GORMAN PHILIP J. TASSIN 15 Attorneys for Defendants 16 OFFICE OF THE COMMISSIONER OF BASEBALL (d/b/a MAJOR LEAGUE 17 BASEBALL); and ROBERT D. MANFRED, JR. 18 19 PURSUANT TO A STIPULATION BETWEEN THE PARTIES, IT IS SO ORDERED:. 20 Defendants' Motion to Dismiss Plaintiff's First Amended Complaint shall be filed no later 21 than November 20, 2015. Plaintiff's Response in Opposition to Defendants' Motion to Dismiss 22 Plaintiff's First Amended Complaint shall be filed no later than December 14, 2015. Defendant's 23 Reply in Support of their Motion to Dismiss Plaintiff's First Amended Complaint shall be filed no 24 later than December 23, 2015. 25 26 10/27/2015 Dated: ______________ 27 _________________________________ United States District Court Judge 28 JOINT STIPULATION AND PROPOSED ORDER C.A. NO. 3:15-CV-03229-SC -2-