Sanchez v. Frito-Lay, Inc.

Filing 24

STIPULATION and ORDER to Continue Trial Date and all Related Pre-Trial Dates, signed by District Judge Dale A. Drozd on 2/29/2016. (Pretrial Conference previously set for 4/25/2016, is CONTINUED to 11/7/2016, at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial previously set for 6/21/2016, is CONTINUED to 1/4/2017, at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.)(Gaumnitz, R)

1 BRIAN D. CHASE, ESQ. (SBN 164109)
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[e-mail]
JERUSALEM F. BELIGAN, ESQ. (SBN 211258)
[e-mail]
BISNAR|CHASE, LLP
1301 Dove Street, Suite 120
Newport Beach, California 92660
Telephone: [phone]
Facsimile: [phone]

6 Attorneys for Plaintiff and
the Putative Classes

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8 SHEPPARD MULLIN RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
SAMANTHA D. HARDY, Cal. Bar No. 199125
ASHLEY T. HIRANO, Cal. Bar No. 265282
DANIEL F. DE LA CRUZ, Cal. Bar No. 292537
501 West Broadway, 19th Floor
San Diego, California 92101-3598
Telephone: [phone]
Facsimile: 619-234-3815
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant FRITO-LAY, INC.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

18 ELIAZAR SANCHEZ, on behalf of himself

Case No. 1:14-CV-00797-DAD-MJS

and all others similarly situated,
Class Action

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Plaintiff,

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STIPULATION AND ORDER TO
CONTINUE TRIAL DATE AND ALL
RELATED PRE-TRIAL DATES

FRITO-LAY, INC.; and DOES 1 to 100,
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Before the Hon. Judge Dale A. Drozd

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v.

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Defendants.

Trial Date: June 21, 2016
Complaint Filed: April 11, 2014

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STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND
ALL RELATED PRE-TRIAL DATES

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Plaintiff Eliazar Sanchez and Defendant Frito-Lay, Inc. (collectively the "Parties"),

2 hereby stipulate and agree as follows:
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WHEREAS, the Court on September 3, 2014, filed its Scheduling Order setting

5 the following dates:
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Discovery Deadlines:

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Non-Expert:

May 29, 2015

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Expert: October 30, 2015

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Expert Disclosure Deadlines:
Filing: August 21, 2015

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Motion Deadlines:
Filing: November 9, 2015

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Dispositive:

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Filing:

January 21, 2016

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Hearing:

March 7, 2016 at 1:30 p.m.

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Pretrial Conference:
April 27, 2016 at 8:30 a.m.

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Jury Trial:
June 21, 2016 at 8:30 a.m.

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STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND ALL
RELATED PRE-TRIAL DATES

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WHEREAS, on January 30, 2015, the Parties came before Magistrate Judge

2 Michael J. Seng on Plaintiff’s Motion for Order Granting Preliminary Approval of Class Action
3 Settlement;
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WHEREAS, on March 6, 2015, pursuant to Judge Seng’s request at the hearing,

5 Plaintiff submitted additional briefing to the Court.
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WHEREAS, on August 5, 2015, Judge Seng issued an order finding and

7 recommending that Plaintiff’s Motion be denied without prejudice;
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WHEREAS, on August 26, 2015, District Judge Anthony W. Ishii issued an order

9 adopting Judge Seng’s findings and recommendations in full and denying Plaintiff’s Motion
10 without prejudice;
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WHEREAS, on December 4, 2015, this case was reassigned to District Judge

12 Dale A. Drozd for all further proceedings;
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WHEREAS, on January 14, 2016, Plaintiff re-submitted his Motion for Order

14 Granting Preliminary Approval of Class Action Settlement;
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WHEREAS, on February 16, 2016, the Parties came before Judge Drozd for

16 hearing on Plaintiff’s resubmitted Motion;
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WHEREAS, Judge Drozd ordered that Plaintiff file a revised settlement

18 agreement and supplemental briefing, and continued the hearing to April 5, 2016 at 9:30 a.m.;
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WHEREAS, the Parties have been diligently working to resolve the case without

20 the need to engage in further litigation;
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WHEREAS, the Parties believe they will be able to provide the Court with

22 sufficient information to address its questions remaining on the settlement of this matter, and
23 therefore the upcoming hearing and trial dates on this matter may become moot;
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WHEREAS, the Parties request a short extension of the trial date and all

25 remaining dates and deadlines for a period of approximately six (6) months. This is the Parties’
26 first request for a continuation of these dates.
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STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND ALL
RELATED PRE-TRIAL DATES

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY

2 AND BETWEEN THE PARTIES THAT, SUBJECT TO THE COURT’S APPROVAL, the
3 Court may continue the trial date and all remaining dates and deadlines for a period of six months.
4 A proposed order is filed concurrently herewith.
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6 Dated: February 25, 2016
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BISNAR|CHASE, LLP

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By

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/s/ Jerusalem F. Beligan
BRIAN D. CHASE
JERUSALEM F. BELIGAN
Attorneys for Plaintiff
ELIAZAR SANCHEZ

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13 Dated: February 25, 2016
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

/s/ Ashley T. Hirano
SAMANTHA D. HARDY
ASHLEY T. HIRANO
DANIEL F. DE LA CRUZ

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Attorneys for Defendant
FRITO-LAY, INC.

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STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND ALL
RELATED PRE-TRIAL DATES

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ORDER

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Finding that good cause exists, the trial date and pretrial conference dates and

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5 deadlines are continued for a period of six months.
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The new Pretrial Conference date shall be November 7, 2016 at 3:30 p.m.

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The new Jury Trial date shall be January 4, 2017 at 8:30 a.m.

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IT IS SO ORDERED.

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10 Dated:

February 29, 2016
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO CONTINUE TRIAL DATE AND ALL
RELATED PRE-TRIAL DATES