Free Order - District Court of California - California

Case 3:07-cv-05076-CRB

Document 6

Filed 11/20/2007

Page 1 of 6

1 2 3 4 5 6 7 8 9 10
M C D ERMOTT W ILL & E MERY LLP

Daniel E. Alberti (68620) Peter J. Drobac (191079) MCDERMOTT WILL & EMERY LLP [email protected] 3150 Porter Drive Palo Alto, CA 94304-1212 Telephone: 650.813.5000 Facsimile: 650.813.5100 Attorneys for Defendant STUART WEITZMAN HOLDINGS, LLC (SUED AS STUART WEITZMAN RETAIL STORES, LLC, STUART WEITZMAN SAN FRANCISCO, LLC) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SONJA KLIMP, on behalf of herself and All others similarly situated, Plaintiff, v. STUART WEITZMAN RETAIL STORES, LLC.; STUART WEITZMAN SAN FRANCISCO, LLC, and DOES 1 through 10, inclusive, Defendant. CASE NO.: C 07 5076 CRB STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND TO MOVE INITIAL CASE MANAGEMENT CONFERENCE DECLARATION OF PETER J. DROBAC

11
A TTORN E YS A T L A W

12
P A LO A LTO

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TO THE HONORABLE COURT: Pursuant to L.R. 6-1(a), it is hereby stipulated by and between the parties hereto, through their respective counsel, that Defendant STUART WEITZMAN HOLDINGS, LLC (SUED AS STUART WEITZMAN RETAIL STORES, LLC, STUART WEITZMAN SAN FRANCISCO, LLC) may have an extension of time, up to and including December 31, 2007, to answer or otherwise respond to Plaintiff's Complaint. Pursuant to L.R. 6-1(b), the parties further stipulate and request entry of an order by the Court resetting the Initial Case Management Conference, currently set for January 11, 2008, to

STIP TO EXT TIME FOR DEF TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND MOVE INITIAL CMC

CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

Document 6

Filed 11/20/2007

Page 2 of 6

1 2 3 4 5 6 7 8 9 10
M C D ERMOTT W ILL & E MERY LLP

February 22, 2008 or the first available date thereafter. Attached hereto is the Declaration of Peter J. Drobac in support of this Stipulation and [Proposed] Order. IT IS SO STIPULATED. Dated: November 16, 2007 THE LINDE LAW FIRM

By:

/s/ Douglas A. Linde Douglas A. Linde Chant Yedalian Erica L. Allen Attorneys for Plaintiff SONJA KLIMP

11
A TTORN E YS A T L A W

Dated: November 16, 2007

MCDERMOTT WILL & EMERY LLP

12
P A LO A LTO

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIP TO EXT TIME FOR DEF TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND MOVE INITIAL CMC

By:

/s/ Peter J. Drobac Daniel E. Alberti Peter J. Drobac Attorneys for Defendant STUART WEITZMAN HOLDINGS, LLC (SUED AS STUART WEITZMAN RETAIL STORES, LLC, STUART WEITZMAN SAN FRANCISCO, LLC)

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated:______________ November 20, 2007

UNIT ED

S DISTRICT TE C TA _________________________________

RT U O

The Honorable Charles R. Breyer United States ORDERED Judge District Court

S

ER

N

F D IS T IC T O R

2

CASE NO.: C 07 5076 CRB

A

C

LI

FO

harles R Judge C

. Breyer

R NIA

IT IS S

O

NO

RT

H

Case 3:07-cv-05076-CRB

Document 6

Filed 11/20/2007

Page 3 of 6

1 2 3 4 5 6 7 8 9 10
M C D ERMOTT W ILL & E MERY LLP

DECLARATION OF PETER J. DROBAC IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND TO MOVE INITIAL CASE MANAGEMENT CONFERENCE I, Peter J. Drobac, declare as follows: 1. I am an attorney at the law firm of McDermott Will & Emery LLP, counsel of

record for Defendant Stuart Weitzman Holdings, LLC (sued as Stuart Weitzman Retail Stores, LLC and Stuart Weitzman San Francisco, LLC) ("Defendant"). I am a member of good standing of the State Bar of California and am admitted to practice in the United States District Court for the Northern District of California. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. Defendant has requested, and Plaintiff has granted Defendant, additional time to

11
A TTORN E YS A T L A W

12
P A LO A LTO

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

file its responsive pleading in this matter. Pursuant to stipulation, Defendant now has until December 31, 2007 to file its responsive pleading. Given the currently-scheduled January 11, 2008 case management conference in this matter, the parties' obligation to meet and confer regarding Initial Disclosures and pursuant to this Court's Order Setting Case Management Conference falls within the time that Defendant will be researching and preparing its responsive pleading. As a result, Defendant requests that it be permitted the opportunity to adequately research, prepare and file its responsive pleading prior to meeting and conferring with Plaintiff regarding the principal factual and legal issues in dispute in this case. Executed on the 16th day of November, 2007 at Palo Alto, California. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

/s/ Peter J. Drobac

STIP TO EXT TIME FOR DEF TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND MOVE INITIAL CMC

3

CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

Document 6

Filed 11/20/2007

Page 4 of 6

1 2 3 4 5 6 7 8 9 10
M C D ERMOTT W ILL & E MERY LLP

DECLARATION RE: SIGNATURE PURSUANT TO GENERAL ORDER 45 § X I, Peter J. Drobac, declare as follows: 1. I am an attorney at the law firm of McDermott Will & Emery LLP, counsel of

record for Defendant Defendant Stuart Weitzman Holdings, LLC (sued as Stuart Weitzman Retail Stores, LLC and Stuart Weitzman San Francisco, LLC), in the above-captioned action. I am a member of good standing of the State Bar of California and am admitted to practice in the United States District Court for the Northern District of California. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. I attest that the electronic signature of Douglas A. Linde, counsel of record for

11
A TTORN E YS A T L A W

Plaintiff, Sonja Klimp, appearing in the signature block of the STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND TO MOVE INITIAL CASE MANAGEMENT CONFERENCE and DECLARATION OF PETER J. DROBAC, is the signature of Douglas A. Linde, and that I have been authorized to file the STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND TO MOVE INITIAL CASE MANAGEMENT CONFERENCE and DECLARATION OF PETER J. DROBAC on his behalf. Executed on the 16th day of November, 2007 at Palo Alto, California. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

12
P A LO A LTO

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

/s/ Peter J. Drobac

STIP TO EXT TIME FOR DEF TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND MOVE INITIAL CMC

4

CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

Document 6

Filed 11/20/2007

Page 5 of 6

1 2 3 4 5 6 7 8 9 10
M C D ERMOTT W ILL & E MERY LLP

PROOF OF SERVICE I, Cheryl Lovdahl, declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 3150 Porter Drive, Palo Alto, CA 94304. On November 16, 2007, I served the within documents: STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND TO MOVE INITIAL CASE MANAGEMENT CONFERENCE AND DECLARATION OF PETER J. DROBAC by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Palo Alto, California addressed as set forth below. by causing personal delivery by ___________________ of the document(s) listed above to the person(s) at the address(es) set forth below. by placing the document(s) listed above in a sealed Federal Express envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a Federal Express agent for delivery. by electronically mailing a true and correct copy through McDermott, Will & Emery's electronic mail system at the e-mail address(es) set forth below. Douglas A. Linde, Esq. [email protected] Chant Yedalian, Esq. [email protected] Erica Leigh Allen, Esq. THE LINDE LAW FIRM 9000 Sunset Boulevard, Suite 1025 Los Angeles, CA 90069 Telephone: 310.203.9333 Facsimile: 310.203.9233 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

11
A TTORN E YS A T L A W

12
P A LO A LTO

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIP TO EXT TIME FOR DEF TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND MOVE INITIAL CMC

5

CASE NO.: C 07 5076 CRB

Case 3:07-cv-05076-CRB

Document 6

Filed 11/20/2007

Page 6 of 6

1 2 3 4 5 6 7 8 9 10
M C D ERMOTT W ILL & E MERY LLP

I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on November 16, 2007, at Palo Alto, California. /s/ Cheryl Lovdahl Cheryl Lovdahl

MPK 135324-3.070670.0013

11
A TTORN E YS A T L A W

12
P A LO A LTO

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIP TO EXT TIME FOR DEF TO FILE RESPONSIVE PLEADING TO INITIAL COMPLAINT AND MOVE INITIAL CMC

6

CASE NO.: C 07 5076 CRB