Melgar v. Zicam LLC, et al

Filing 123

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 05/27/16 ORDERING that the deadline for defendants to file their opposition to plaintiff's proposed notice is 05/31/16; the deadline for plaintiff to file a reply in supp ort of plaintiff's proposed notice plan is 06/10/16; the hearing on defendants' opposition to plaintiff's proposed notice plan remains on 06/16/16; the 08/01/16 trial and the 06/16/16 pretrial conference are VACATED. The deadlines to file the Final Pretrial Conference Statement, evidentiary or procedural motions and all trial documents are VACATED. The parties are directed to participate in a second Settlement Conference before Magistrate Judge Kendall J. Newman; parties are to contact Judge Newman's chambers within 5 days. (cc: KJN). (Benson, A)

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Annick M. Persinger (State Bar No. 272996)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Class Counsel

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DRINKER BIDDLE & REATH LLP
Alan J. Lazarus (State Bar No. 129767)
William A. Hanssen (State Bar No. 110613)
Ashley K. Corkery (State Bar. No. 301380)
50 Fremont Street, 20th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Counsel for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YESENIA MELGAR, on Behalf of Herself and
all Others Similarly Situated,

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Plaintiff,
v.

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ZICAM LLC and MATRIXX INITIATIVES,
INC.
Defendants.

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Case No. 2:14-cv-00160-MCE-AC
STIPULATION AND ORDER SETTING
REVISED BRIEFING SCHEDULE FOR
DEFENDANTS’ OPPOSITION AND
PLAINTIFF’S REPLY TO
PLAINTIFF’S PROPOSED NOTICE
PLAN; AND EXTENDING DEADLINES
TO FILE JOINT FINAL PRETRIAL
CONFERENCE STATEMENT AND
EVIDENTIARY OR PROCEDURAL
MOTIONS
Courtroom: 7
Hon. Morrison C. England, Jr.

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STIPULATION REGARDING SCHEDULE AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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Plaintiff Yesenia Melgar, on behalf of herself and the certified class (“Plaintiff”), and

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Defendants Zicam LLC and Matrixx Initiatives, Inc. (collectively “Defendants”), by and through

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their respective attorneys, hereby stipulate as follows:

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WHEREAS, on May 11, 2016, Plaintiff filed a [Proposed] Order Regarding the Issuance of
Notice to the Certified Class. Dkt. No. 118.

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WHEREAS, on May 12, 2016, Defendants requested leave to file an opposition to
Plaintiff’s proposed notice plan. Dkt. No. 119.

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WHEREAS, on May 17, 2016, the Court granted Defendants’ request for leave to file an
opposition to Plaintiff’s proposed notice plan, and set May 27, 2016 as the deadline for

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Defendants’ opposition, and June 3, 2016 as the deadline for Plaintiff’s reply. The Court set the

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hearing for Defendants’ opposition to Plaintiff’s proposed notice plan on June 16, 2016. Dkt. No.

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121.

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WHEREAS, on October 20, 2015, the Court set May 26, 2016 as the deadline to file

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evidentiary or procedural motions, as well as the deadline to file a Joint Final Pretrial Statement.

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The Court set the Final Pretrial Conference for June 16, 2016. Dkt. No. 104.

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WHEREAS, Plaintiff’s counsel has a significant deadline on June 3, 2016, which conflicts
with Plaintiff’s June 3, 2016 deadline to file a reply in support of her notice plan.
WHEREAS, Plaintiff’s counsel and Defendants’ counsel have conferred and have agreed

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that Defendants’ deadline to file its opposition to Plaintiff’s notice plan shall be on May 31, 2016,

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and the deadline for Plaintiff’s reply shall be on June 10, 2016.

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WHEREAS, the parties agree that the hearing on Defendants’ opposition to Plaintiff’s

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proposed notice plan should remain on June 16, 2016 or on such other date that is convenient for

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the Court.

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WHEREAS, the parties have conferred and agree to extend the deadlines to file the Joint

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Final Pretrial Statement and evidentiary or procedural motions so that issues regarding Plaintiff’s

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notice plan can be resolved prior to the pretrial conference.

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STIPULATION REGARDING SCHEDULE AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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WHEREAS, the parties have agreed to extend the deadline to file the Joint Final Pretrial

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Statement and evidentiary or procedural motions to July 21, 2016, and to schedule the Pretrial

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Conference for August 11, 2016. The parties have further agreed that the deadline to file

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oppositions to evidentiary or procedural motions shall be on July 28, 2016, and the deadline to file

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replies in support of evidentiary or procedural motions shall be on August 4, 2016.

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Dated: May 23, 2016

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Respectfully submitted,
BURSOR & FISHER, P.A.

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By:

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Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Annick M. Persinger (State Bar No. 272996)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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/s/ Scott A. Bursor
Scott A. Bursor

Class Counsel
Dated May 23, 2016

DRINKER BIDDLE & REATH LLP

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By: /s/ William A. Hanssen
William A. Hanssen

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Alan J. Lazarus (State Bar No. 129767)
William A. Hanssen (State Bar No. 110613)
Ashley K. Corkery (State Bar. No. 301380)
50 Fremont Street, 20th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Counsel for Defendants

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STIPULATION REGARDING SCHEDULE AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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ORDER
Pursuant to the parties’ stipulation, the Court hereby orders:
1. The deadline for Defendants to file their opposition to Plaintiff’s proposed notice plan shall
be on May 31, 2016.
2. The deadline for Plaintiff to file a reply in support of Plaintiff’s proposed notice plan shall
be on June 10, 2016.
3. The hearing on Defendants’ opposition to Plaintiff’s proposed notice plan shall remain on
June 16, 2016.
4. The August 1, 2016, trial and the June 16, 2016, pretrial conference are VACATED.
5. The deadlines to file the Final Pretrial Conference Statement, evidentiary or procedural
motions and all trial documents are VACATED.
6. The parties are directed to participate in a second Settlement Conference before Magistrate
Judge Kendall J. Newman. Not later than five (5) days following the date this order is
electronically filed, counsel are directed to contact Judge Newman’s chambers to schedule
a date for that conference. Not later than seven (7) days prior to the Settlement Conference,
counsel for each party shall submit to the chambers of the settlement judge a Confidential
Settlement Conference Statement. Such statements are neither to be filed with the Clerk
nor served on opposing counsel. Each party, however, shall serve notice on all other parties
that the statement has been submitted. If the settlement judge is not the trial judge, the
Confidential Settlement Conference Statement shall not be disclosed to the trial judge.
7. The trial and related pretrial dates will be re-set, if necessary, after the Settlement
Conference and once the issues regarding Plaintiff’s notice plan are resolved.
IT IS SO ORDERED.

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Dated: May 27, 2016

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STIPULATION REGARDING SCHEDULE AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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