McCrary v. Campbell Soup Supply Company, LLC et al

Filing 29

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 4/10/14 ORDERING that Plaintiff's deadline to file his MOTION for Class Certification is CONTINUED from 5/1/14 to 8/9/2014.(Mena-Sanchez, L)

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KENNETH S. GAINES, ESQ. SBN 049045
[e-mail]
DANIEL F. GAINES, ESQ. SBN 251488
[e-mail]
ALEX P. KATOFSKY, ESQ. SBN 202754
[e-mail]
GAINES & GAINES, APLC
21550 Oxnard Street, Suite 980
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff DANNY McCRARY

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RONALD W. BROWN, ESQ. SBN 107340
[e-mail]
BARBARA A. COTTER, ESQ. SBN 142590
[e-mail]
CARRIE E. BUSHMAN, ESQ. SBN 18613
[e-mail]
MEG E. WILSON, ESQ. SBN 278386
[e-mail]
COOK BROWN, LLP
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
CAMBELL SOUP SUPPLY COMPANY, L.L.C.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY McCRARY, on behalf of himself
and all others similarly situated, and on
behalf of the general public,
Plaintiffs,

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Case No.: 2:13-cv-01332-GEB-KJN
JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE TO
FILE MOTION FOR CLASS
CERTIFICATION

v.
CAMPBELL SOUP SUPPLY COMPANY
L.L.C., a Delaware limited liability
company, and DOES 1 through 10,
inclusive,

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Defendants.
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JOINT STIPULATION AND ORDER
CONTINUING DEADLINE TO FILE
MOTION FOR CLASS CERTIFICATION

Case No.: 2:14-cv-01332-GEB-KJN

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RECITALS

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A.

Superior Court on June 3, 2013;

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B.

C.

D.

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E.

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set a deadline of May 1, 2014 for which Plaintiff is to file his motion for class certification;
F.

result of this meet and confer, the parties have agreed to participate in private mediation with noted
class action mediator Lisa Klerman, Esq. on May 6, 2014 in San Francisco, California. Based on
this agreement to mediate, the parties believe it is within the best interest of the Court, the parties
and their counsel to continue the class certification filing deadline by 100 days to allow the parties to
utilize their time and resources toward a potential class-wide resolution of the matter, rather than law
and motion.
BASED UPON THE FOREGOING, IT IS HEREBY STIPULATED as follows:

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WHEREAS, over the past several months, the parties have met and conferred

on numerous issues including, but not limited to, informal discovery and potential resolution. As a

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WHEREAS, following the parties’ filing of their Joint Status Report on

October 11, 2013, the Court issued its Status (Pretrial Scheduling) Order which, among other things,

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WHEREAS, Defendant answered the First Amended Complaint on July 23,

2013;

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WHEREAS, on or about July 3, 2013, Defendant removed the action to this

Court;

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WHEREAS, Plaintiff filed his First Amended Complaint in San Joaquin

County Superior Court on June 27, 2013;

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WHEREAS, Plaintiff filed his Original Complaint in San Joaquin County

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Plaintiff’s deadline to file his motion for class certification is continued from

May 1, 2014 to August 9, 2014.
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JOINT STIPULATION AND ORDER
CONTINUING DEADLINE TO FILE
MOTION FOR CLASS CERTIFICATION

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Case No.: 2:14-cv-01332-GEB-KJN

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IT IS SO STIPULATED.

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Dated: April 10, 2014

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/s/ Alex P. Katofsky
ALEX P. KATOFSKY
GAINES & GAINES, APLC
Attorneys for Plaintiff DANNY McCRARY

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Dated: April 10, 2014

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/s/ Barbara A. Cotter (as authorized on 4/8/14)
BARBARA A. COTTER
COOK BROWN, LLP
Attorneys for Defendant
CAMPBELL SOUP SUPPLY COMPANY

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ORDER
Upon reading the forgoing Stipulation,

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IT IS ORDERED THAT:

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1.

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May 1, 2014 to August 9, 2014.

Plaintiff’s deadline to file his motion for class certification is continued from

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IT IS SO ORDERED.

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Dated: April 10, 2014

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JOINT STIPULATION AND ORDER
CONTINUING DEADLINE TO FILE
MOTION FOR CLASS CERTIFICATION

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Case No.: 2:14-cv-01332-GEB-KJN