Melgar v. Zicam LLC, et al

Filing 183

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/15/18 ORDERING the Court hereby grants Plaintiff leave to file a Second Amended Class Action Complaint. Plaintiff shall file her Second Amended Complaint within seven (7) days of the date this Order is electronically filed. Defendants' deadline to respond to the Second Amended Complaint shall be stayed. In the event that the parties' settlement is ultimately rejected, either by this Court or on appeal, Defendants shall file their response to the Second Amended Complaint within thirty (30) days of such order. (Becknal, R)

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Thomas A. Reyda (State Bar No. 312632)
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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KIRKLAND & ELLIS LLP
Robyn E. Bladow (State Bar No. 205189)
Ashley Neglia (State Bar No. 298924)
333 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]

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Counsel for Defendants
Zicam, LLC and Matrix Initiatives, Inc.
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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JOINT STIPULATION TO FILE SAC
CASE NO. 2:14-CV-00160-MCE-AC

Case No. 2:14-cv-00160-MCE-AC
Hon. Morrison C. England, Jr.
JOINT STIPULATION TO FILE
SECOND AMENDED CLASS ACTION
COMPLAINT AND ORDER

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WHEREAS, Plaintiff Yesenia Melgar (“Plaintiff”) filed this action against Defendants
Zicam LLC and Matrixx Initiatives, Inc. (“Defendants”);

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WHEREAS, on February 15 and 16, 2018, the parties attended a two-day mediation with
renowned mediator Kenneth Feinberg in New York where the parties executed a Class Action
Settlement Term Sheet;

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WHEREAS, on May 2, 2018, the parties reached agreement on a formal Stipulation of
Settlement;

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WHEREAS, Plaintiff filed a motion for preliminary approval of the settlement on May 3,
2018.

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WHEREAS, the proposed settlement class includes purchasers of Defendants’ Soft Chews
and Medicated Fruit Drops in addition to purchasers of the products identified in the First
Amended Complaint (ECF No. 10), paragraph 1;

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WHEREAS, Defendants’ Soft Chews and Medicated Fruit Drops contain the same or
similar active ingredients as the products identified in the First Amended Complaint (ECF No. 10),
paragraph 1, and contain representations regarding cold relief;

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WHEREAS, the Court’s May 29, 2014, Scheduling Order (ECF No. 15) provides that no
amendments to the pleadings are permitted without leave of court, good cause having been shown;

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WHEREAS, Article 5.1 of the Stipulation of Settlement requires the filing of a Second
Amended Complaint to include purchasers of Defendants’ Soft Chews and Medicated Fruit Drops
in the Settlement Class;

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WHEREAS, Plaintiff’s proposed Second Amended Complaint is attached hereto as Exhibit
A.
NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties through
their respective attorneys of record that, subject to Court approval, Plaintiff may file a Second
Amended Complaint.
IT IS HEREBY FURTHER STIPULATED that Defendants’ deadline to respond to the
Second Amended Complaint shall be stayed. In the event that the parties’ settlement is ultimately
rejected, either by this Court or on appeal, Defendants shall file their response to the Second
ORDER GRANTING JOINT STIPULATION TO FILE SAC
CASE NO. 2:14-CV-00160-MCE-AC

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Amended Complaint within thirty (30) days of such order.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: May 9, 2018

BURSOR & FISHER, P.A.

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By: /s/ Scott A. Bursor
Scott A. Bursor

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Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Thomas A. Reyda (State Bar No. 312632)
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
Dated: May 9, 2018

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KIRKLAND & ELLIS LLP
By: /s/ Robyn Bladow
Robyn Bladow

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Robyn Bladow (SBN 205189)
Ashley Neglia (SBN 298924)
333 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendants
Zicam LLC and Matrix Initiatives, Inc.

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JOINT STIPULATION TO FILE SAC
CASE NO. 2:14-CV-00160-MCE-AC

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ORDER
Pursuant to the Parties’ stipulation, and good cause appearing, the Court hereby grants
Plaintiff leave to file a Second Amended Class Action Complaint. Plaintiff shall file her Second
Amended Complaint within seven (7) days of the date this Order is electronically filed.
Defendants’ deadline to respond to the Second Amended Complaint shall be stayed. In the event
that the parties’ settlement is ultimately rejected, either by this Court or on appeal, Defendants shall
file their response to the Second Amended Complaint within thirty (30) days of such order.
IT IS SO ORDERED.
Dated: May 15, 2018

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ORDER GRANTING JOINT STIPULATION TO FILE SAC
CASE NO. 2:14-CV-00160-MCE-AC

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