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JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE 

RESPONSE TO AMENDED COMPLAINT

CASE NO. 3:16-CV-07212-EMC

DYKEMA GOSSETT LLP

333 SOUTH 

GRAND 

AVENUE

SUITE 2100

LOS 

ANGELES, CA 90071

DYKEMA GOSSETT LLP

Tamara A. Bush (SBN 197153)

tbush@dykema.com

John M. Thomas (SBN. 266842)

jthomas@dykema.com

Janet L. Conigliaro (P72629) Pro Hac Vice

jconigliaro@dykema.com

333 South Grand Avenue, Suite 2100

Los Angeles, CA 90071

Telephone: (213) 457-1800

Facsimile: (213) 457-1850

Attorneys for Defendant

TOYOTA MOTOR SALES, U.S.A., INC.

GLANCY PRONGAY & MURRAY LLP

Lionel Z. Glancy (#134180)

Mark S. Greenstone (#199606)

1925 Century Park East, Suite 2100

Los Angeles, California 90067

Telephone: (310) 201-9150

Facsimile: (310) 201-9160

E-mail: mgreenstone@glancylaw.com

Attorneys for Plaintiffs

MICHAEL ROBEY, MOE ASGHARNIA and

JAMES COMB Individually and On Behalf

of a Class of Similarly Situated Individuals 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, 

SAN FRANCISCO DIVISION

MICHAEL ROBEY, MOE ASGHARNIA and 

JAMES COMB Individually and On Behalf of a 

Class of Similarly Situated Individuals,

Plaintiffs,

vs.

TOYOTA MOTOR SALES, U.S.A., INC. and 

TOYOTA MOTOR CORPORATION,

Defendants.

_______________________________________

Case No. 3:16-cv-07212-EMC

[Assigned to Hon. Edward M. Chen]

CLASS ACTION

JOINT STIPULATION AND [PROPOSED] 

ORDER CONCERNING TIME TO FILE 

RESPONSE TO AMENDED COMPLAINT 

Complaint Filed: December 16, 2016

Complaint Served: January 5, 2017

1

st Amended Complaint Filed: April 7, 2017

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 1 of 4
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28 2

JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE 

RESPONSE TO AMENDED COMPLAINT

CASE NO. 3:16-CV-07212-EMC

DYKEMA GOSSETT LLP

333 SOUTH 

GRAND 

AVENUE

SUITE 2100

LOS 

ANGELES, CA 90071

Plaintiff MICHAEL ROBEY, MOE ASGHARNIA and JAMES COMB Individually and On 

Behalf of a Class of Similarly Situated Individuals (“Plaintiffs”), and Defendant TOYOTA 

MOTOR SALES, U.S.A., INC. (“Defendant”) (collectively the “Parties”), by and through their 

respective counsel, hereby stipulate as follows:

WHEREAS, Plaintiffs filed this putative class action complaint against Defendant in the 

Northern District of California, San Francisco Division, on December 16, 2016 (the “Complaint”);

WHEREAS, Plaintiffs served the Complaint on Defendant on January 5, 2017;

WHEREAS, Defendant filed a Motion to Dismiss the Complaint on February 24, 2017;

WHEREAS, Plaintiffs filed an Amended Complaint on April 7, 2017, containing 

significant amendments;

WHEREAS, on May 10, 2017, pursuant to stipulation of the parties, this court entered an 

order granting an extension of time until May 26, 2017 for Defendant to file a response to Plaintiffs’ 

Amended Complaint;

WHEREAS, the Parties are continuing discussions to determine whether it is feasible to 

resolve this matter without the need for further litigation;

WHEREAS, the Parties agree that a 45-day continuance of the deadline for Defendant to 

respond to Plaintiffs’ Amended Complaint will facilitate the Parties’ settlement discussions, and 

result in a more efficient expenditure of judicial resources. The parties have made some progress in 

their discussions and do not presently believe a further continuance will be necessary; 

WHEREAS, the Parties request that Defendant’s deadline to respond to Plaintiffs’ 

Amended Complaint, currently set for May 26, 2017, be continued to July 10, 2017;

WHEREAS, the Parties have previously requested two extensions of time for Defendant to 

file a response to Plaintiffs’ Amended Complaint;

WHEREAS, counsel for Defendant, as the filer of this document, attests that concurrence in 

the filing of the document has been obtained from each of the other signatories;

IT IS THEREFORE STIPULATED BETWEEN THE PARTIES THAT, subject to the 

Court’s approval:

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 2 of 4
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28 3

JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE 

RESPONSE TO AMENDED COMPLAINT

CASE NO. 3:16-CV-07212-EMC

DYKEMA GOSSETT LLP

333 SOUTH 

GRAND 

AVENUE

SUITE 2100

LOS 

ANGELES, CA 90071

1. Defendant’s response to Plaintiffs’ Amended Complaint shall be continued from 

May 26, 2017, until July 10, 2017. If by that date the parties have reached an agreement in 

principal, they shall notify the Court and provide a timeframe by which they believe a settlement 

will be finalized, Defendant shall be relieved of its obligation to respond to the Complaint during 

that period, subject to the Court’s approval.

Dated: May 25, 2017 DYKEMA GOSSETT LLP

By: /s/ Tamara A. Bush .

John M. Thomas

Tamara A. Bush

Attorneys for Defendant

TOYOTA MOTOR SALES, U.S.A., INC.

Dated: May 25, 2017 GLANCY PRONGAY & MURRAY LLP

By: /s/ Mark S. Greenstone .

Lionel Z. Glancy

Mark S. Greenstone

Attorneys for Plaintiffs

MICHAEL ROBEY, MOE ASGHARNIA 

and JAMES COMB Individually and On 

Behalf of a Class of Similarly Situated 

Individuals

General Order 45, Section X Certification

The filing attorney hereby certifies that concurrence in the filing of the document has been 

obtained from each signatory, in accordance with N.D. Cal. Gen. Order 45, Section X(B).

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 3 of 4
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28 4

JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING TIME TO FILE 

RESPONSE TO AMENDED COMPLAINT

CASE NO. 3:16-CV-07212-EMC

DYKEMA GOSSETT LLP

333 SOUTH 

GRAND 

AVENUE

SUITE 2100

LOS 

ANGELES, CA 90071

[PROPOSED] ORDER

Having reviewed the Parties’ Joint Stipulation and [Proposed] Order Concerning Time to 

File Response to Amended Complaint, and for good cause appearing, IT IS HEREBY ORDERED 

THAT:

1. Defendant’s response to Plaintiffs’ Amended Complaint shall be continued from 

May 26, 2017, until July 10, 2017.

IT IS SO ORDERED.

DATED:_____________________ By: _________________________________

HON. EDWARD M. CHEN

UNITED STATES DISTRICT JUDGE

4811-3651-7705.1

ID\BUSH, TAMARA - 111067\000005

Case 3:16-cv-07212-EMC Document 29-1 Filed 05/26/17 Page 4 of 4

5/30/17

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen