Perez v. Performance Food Group, Inc. et al

Northern District of California, cand-4:2015-cv-02390

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{33}} Stipulation Re {{29}} Amended Complaint to Extend Time to Respond to Second Amended Complaint By 14 Days.

Interested in this case?

Current View

Full Text

1 SETAREH LAW GROUP Shaun Setareh, Esq. (SBN 204514) 2 Email: shaun@setarehlaw.com Thomas Segal, Esq. (SBN 222791) 3 Email: thomas@setarehlaw.com 9454 Wilshire Blvd., Suite 907 4 Beverly Hills, CA 90212 Tel: (310) 888-7771 5 Fax: (310) 888-0109 6 Attorneys for Plaintiff JORGE PEREZ 7 MCGUIREWOODS LLP Matthew C. Kane, Esq. (SBN 171829) 8 Email: mkane@mcguirewoods.com Sabrina A. Beldner, Esq. (SBN 221918) 9 Email: sbeldner@mcguirewoods.com Sylvia J. Kim, Esq. (SBN 258363) 10 Email: skim@mcguirewoods.com 1800 Century Park East, 8th Floor 11 Los Angeles, CA 90067 Tel: (310) 315-8200 12 Fax: (310) 315-8210 13 Attorneys for Defendants PERFORMANCE FOOD GROUP, INC. and VISTAR TRANSPORTATION, LLC 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 JORGE PEREZ, on behalf of himself, all CASE NO. 3:15-cv-02390-HSG others similarly situated, and the general 18 public, JOINT STIPULATION TO EXTEND TIME TO RESPOND TO SECOND 19 Plaintiff, AMENDED COMPLAINT BY 14 DAYS 20 vs. Filed Under Separate Cover 21 PERFORMANCE FOOD GROUP, INC., a DECLARATION OF MATTHEW C. KANE 22 Colorado corporation; VISTAR TRANSPORTATION, LLC, a Delaware [Northern District Local Rule 6-2] 23 limited liability company; ROMA GOURMET FOOD ENTERPRISES OF CALIFORNIA, SAC Filed: 04/13/16 24 INC., a California corporation, and DOES 1- Current Response Date: 04/27/16 50, inclusive, New Response Date: 05/11/16 25 Defendants. 26 27 28 JOINT STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT BY 14 DAYS 1 RECITALS 2 3 WHEREAS, on April 13, 2016, Plaintiff Jorge Perez ("Plaintiff") filed a Second Amended 4 Complaint ("SAC") in this action [Dkt. #29]; and 5 6 WHEREAS, Defendants Performance Food Group, Inc. and Vistar Transportation, LLC 7 (collectively, Defendants") are presently the only defendants that have been served with process in 8 this action; and 9 10 WHEREAS, pursuant to Fed. R. Civ. P. 15(a)(3), Defendants' deadline to respond to 11 Plaintiff's SAC is April 27, 2016; and 12 13 WHEREAS, Defendants' lead counsel was unexpectedly hospitalized for a medical 14 emergency on April 21, 2016 from which he is still recovering at home and has been unable to 15 review or evaluate Plaintiff's SAC or prepare or review any responsive pleading or motion thereto; 16 and 17 18 WHEREAS, the parties previously stipulated pursuant to Local Rule 6-1 to a 30-day 19 extension of time for Defendants to serve and file any motions or other pleadings responsive to 20 Plaintiff's initial complaint [Dkt. #5]; and 21 22 WHEREAS, based on the foregoing, the parties agree and are stipulating herein pursuant 23 to Local Rule 6-2, subject to Court approval, to a 14-day extension of time for Defendants to serve 24 and file any motions or other pleadings responsive to Plaintiff's SAC. 25 26 27 28 77618865.1 2 JOINT STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT BY 14 DAYS 1 STIPULATION 2 3 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 4 Plaintiff and Defendants through their respective undersigned counsel that: 5 6 1. Defendants' time within which to answer or otherwise serve and file any motions 7 or other pleadings responsive to Plaintiff's SAC in this action shall be and hereby is 8 extended by 14 days to and including May 11, 2016; and 9 10 2. By entering into this Stipulation, Defendants do not waive and expressly reserve all 11 defenses and challenges to Plaintiff's action. 12 13 DATED: April 26, 2016 SETAREH LAW GROUP 14 15 By: /s/ Shaun Setareh (w/ permission) Shaun Setareh, Esq. 16 Thomas Segal, Esq. 17 Attorneys for Plaintiff JORGE PEREZ 18 19 20 DATED: April 26, 2016 MCGUIREWOODS LLP 21 22 By: /s/ Matthew C. Kane 23 Matthew C. Kane, Esq. Sabrina A. Beldner, Esq. 24 Sylvia J. Kim, Esq. 25 Attorneys for Defendants PERFORMANCE FOOD GROUP, INC. and 26 VISTAR TRANSPORTATION, LLC. 27 28 77618865.1 3 JOINT STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT BY 14 DAYS 1 [PROPOSED] ORDER 2 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. 4 5 DATE: ______________________ 4/26/2016 __________________________________________ HON. HAYWOOD S. GILLIAM, JR. 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 77618865.1 4 JOINT STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT BY 14 DAYS