Owens v. Kraft Foods Global, Inc

Filing 19

STIPULATED ORDER Continuing Class Certification Dates: (1) Plaintiff's Motion for Class Certification Filing Deadline by 3/5/2012; (2) Defendant's Opposition to Class Certification Filing Deadline by 4/16/2012; (3) Plaintiff's Reply to Opposition to Class Certification Filing Deadline by 5/28/2012; and (4) The Class Certification Hearing is set for 6/25/2012 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. signed by Magistrate Judge Sandra M. Snyder on 10/11/2011. (Herman, H)

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R. Duane Westrup (State Bar No. 58610)
email: [e-mail]
Mark L. Van Buskirk (State Bar No. 190419)
email: [e-mail]
WESTRUP KLICK, LLP
444 West Ocean Boulevard, Suite 1614
Long Beach, CA 90802-4524
Telephone:
[phone]
Facsimile:
[phone]
Michael L. Carver, State Bar No. 173633
email: [e-mail]
Michelle M. Lunde, State Bar No. 246585
LABOR LAW OFFICE
A Professional Corporation
1600 Humboldt Road, Suite 3
Chico, California 95928
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Dolores Owens,
individually and on behalf of all others similarly situated

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DOLORES OWENS, individually and )
on behalf of all others similarly
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situated,
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Plaintiff,

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vs.
KRAFT FOODS GLOBAL, INC.,
doing business as KRAFT FOODS,
INC. and DOES 1-10 inclusive,
Defendants.

Case No.: 1:10-CV-02062-AWI-SMS
STIPULATED ORDER
CONTINUING CLASS
CERTIFICATION DATES

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Plaintiff Dolores Owens (“Plaintiff”) and defendant Kraft Foods Global,

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Inc., doing business as Kraft Foods, Inc. (“Defendant”) (Plaintiff and Defendant are

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collectively referred to as the “Parties”) enter into the following stipulation, subject

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to the Court’s approval, to continue dates relating to class certification in response

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to a medical emergency.

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1.

On March 25, 2011, this Court issued a Preliminary Scheduling and

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Discovery RE: Class Certification. That Order included the following

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dates:

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a.

Pleading Amendment Deadline: June 30, 2011;

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b.

Plaintiff’s Motion for Class Certification Filing Deadline: November
4, 2011;

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c.

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Defendant’s Opposition to Class Certification Filing Deadline:
December 16, 2011;

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d.

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Plaintiff’s Reply to Opposition to Class Certification Filing
Deadline: January 27, 2012; and

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e.

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Class Certification Hearing: February 27, 2012.

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2.

The Parties have been actively pursuing discovery, including Requests for

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Production of Documents, Special Interrogatories and Person(s) Most

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Knowledgeable depositions.

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3.

In or about the week of September 19, 2011, Plaintiff’s counsel Michael L.

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Carver’s wife was diagnosed with ovarian cancer. Doctors have indicated

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that the cancer has metastasized and diagnosed it as Stage Four. Treatment

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began almost immediately at a location approximately four hours away

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from Mr. Carver’s law practice. In connection with Mr. Carver’s desires to

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be by his wife’s side during her treatment and to comfort their children, Mr.
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Carver and Plaintiff have requested that the law firm of Westrup Klick,

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LLP join this case as Plaintiff’s counsel. While Mr. Carver’s office will

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remain as counsel of record, Westrup Klick, LLP will move forward as lead

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counsel with the prosecution of the case.

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4.

Westrup Klick, LLP is and has been in the process of securing and

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reviewing the files and documents in the case in efforts to become

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knowledgeable about the claims and facts of the case.

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5.

The Parties desire to continue the class certification dates for a period of

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120 days in order to complete class discovery and the filing of Plaintiff’s

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motion for class certification. In addition, during the continued period, the

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Parties will make good faith efforts to attend a mediation session using a

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mutually agreeable mediator. Accordingly, the Parties stipulate to the

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following continuance:

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a.

Plaintiff’s Motion for Class Certification Filing Deadline: March 5,
2012;

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b.

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Defendant’s Opposition to Class Certification Filing Deadline: April
16, 2012;

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c.

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Plaintiff’s Reply to Opposition to Class Certification Filing
Deadline: May 28, 2012; and

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d.

Class Certification Hearing: June 25, 2012.

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AGREED AND STIPULATED:
WESTRUP KLICK, LLP

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October 5, 2011

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/s/ R. Duane Westrup
R. DUANE WESTRUP
Attorneys for Plaintiff Dolores Owens,
individually and on behalf of all others
similarly situated

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OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

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October 5, 2011

_/s/ Douglas J. Farmer
DOUGLAS J. FARMER
Attorneys for Defendant Kraft Foods
Global, Inc., doing business as Kraft Foods,
Inc.

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ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED:

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to March 5, 2012;

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2.

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Plaintiff’s Reply to Opposition to Class Certification Filing Deadline is
CONTINUED to May 28, 2012; and

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Defendant’s Opposition to Class Certification Filing Deadline is
CONTINUED to April 16, 2012;

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Plaintiff’s Motion for Class Certification Filing Deadline is CONTINUED

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The Class Certification Hearing is CONTINUED to June 25, 2012.

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IT IS SO ORDERED.

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Dated:
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October 11, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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