William Burdt v. Whirlpool Corporation

Northern District of California, cand-4:2015-cv-01563

ORDER GRANTING {{32}} STIPULATION to Continue Deadline to Amend Complaint. Amended Pleadings due by 10/30/2015. Signed by Judge JEFFREY S. WHITE on 9/29/15.

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1 GLYNN & FINLEY, LLP CLEMENT L. GLYNN (SBN 57117) 2 JONATHAN A. ELDREDGE (SBN 238559) One Walnut Creek Center 3 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 4 Telephone: (925) 210-2800 Facsimile: (925) 945-1975 5 E-mail: cglynn@glynnfinley.com E-mail: jeldredge@glynnfinley.com 6 7 WHEELER TRIGG O'DONNELL LLP Andrew M. Unthank (appearance pro hac vice pending) 8 Erin F. Frohardt (appearance pro hac vice pending) 370 Seventeenth Street, Suite 4500 9 Denver, Colorado 80202 Telephone: (303) 244-1800 10 Facsimile: (303) 244-1879 E-mail: unthank@wtotrial.com 11 E-mail: frohardt@wtotrial.com 12 Attorneys for Defendant Whirlpool Corporation 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16) Case No. 15-CV-01563-JSW 17 WILLIAM BURDT, individually and on) behalf of all others similarly situated) SECOND STIPULATION AND 18) [PROPOSED] ORDER TO CONTINUE Plaintiff,) DEADLINE TO AMEND COMPLAINT 19) vs.) 20) WHIRLPOOL CORPORATION, a) 21 Delaware corporation, and DOES 1-50,) inclusive,) 22) Defendant.) 23) 24 25 26 27 28 -1- SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO AMEND COMPLAINT 1 In support of their mutual request to continue Plaintiff's deadline to amend his complaint 2 from September 30, 2015 to October 30, 2015, Plaintiff William Burdt and Defendant Whirlpool 3 Corporation ("Whirlpool") stipulate as follows: 4 1. On August 5, 2015, the Court entered its Order granting Whirlpool Corporation's 5 motion to dismiss. 6 2. The Court further granted Plaintiff leave to amend his complaint by August 31, 7 2015. 8 3. Thereafter the parties met and conferred regarding the present status of the case 9 and claims and initiated resolution discussions. 10 4. To facilitate these discussions, the parties stipulated to, and this Court granted, a 11 continuance of Plaintiff's deadline to amend his complaint through September 30, 2015, in order 12 to allow the parties to pursue resolution discussions without the need to incur additional fees and 13 costs addressing an amended pleading or other matters. 14 5. During this continuance, Plaintiff's counsel has compiled information relevant to 15 his settlement position in order to prepare a formal, written demand to Whirlpool. 16 6. Plaintiff's counsel provided Whirlpool with Plaintiff's written demand on 17 September 25, 2015, and Whirlpool is now evaluating Plaintiff's demand and supporting points. 18 7. In order to allow the parties the further time necessary to fully explore their 19 resolution options and possibly reach an early resolution without the need to incur additional fees 20 and costs in the interim they have stipulated to continue the present deadline to amend by 30 21 days, through and including October 30, 2015; 22 8. Therefore, if convenient to the Court, the parties stipulate and request that the 23 Court order that Plaintiff's deadline to amend his complaint be continued from September 30, 24 2015 to October 30, 2015. 25 IT IS SO STIPULATED. 26 27 28 -2- SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO AMEND COMPLAINT 1 Dated: September 27, 2015 GLYNN & FINLEY, LLP 2 WHEELER TRIGG O'DONNELL LLP 3 By /s/ Andrew M. Unthank 4 Attorneys for Defendant Whirlpool Corporation 5 6 Dated: September 27, 2015 CHAVEZ & GERTLER, LLP 7 HORNSTEIN LAW 8 By /s/ Dan L. Gildor 9 Attorneys for Plaintiff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO AMEND COMPLAINT 1 2 IT IS HEREBY ORDERED that Plaintiff's deadline to amend the complaint, scheduled 3 for September 30, 2015, is continued to October 30, 2015. 4 IT IS SO ORDERED. 5 September 29, 2015 Dated: ________________ 6 JEFFREY S. WHITE 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- SECOND STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO AMEND COMPLAINT