Martinelli v. Johnson & Johnson et al

Filing 51

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/15/16: Hearing as to 45 Motion to deny class certification or, in the alternative, Motion to strike class allegations RESET for 1/12/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Kaminski, H)

1 TUCKER ELLIS LLP

Mollie F. Benedict - SBN 187084

2 [e-mail]

Ronie M. Schmelz – SBN 130798

3 [e-mail]

Amanda Villalobos - SBN 262176

4 [e-mail]
515 South Flower Street

5 Forty-Second Floor

Los Angeles, CA 90071-2223
213.430.3400
Facsimile:
213.430.3409

6 Telephone:
7

TUCKER ELLIS LLP

Chicago ♦ Cleveland ♦ Columbus ♦ Denver ♦ Houston ♦ Los Angeles ♦ St. Louis ♦ San Francisco

Attorneys for Defendants JOHNSON & JOHNSON

8 and MCNEIL NUTRITIONALS, LLC
9 BURSOR & FISHER, P.A.
L. Timothy Fisher – SBN 191626

10 [e-mail]
1990 North California Blvd., Suite 940
11 Walnut Creek, CA 94596
Telephone:

925.300.4455

12 Facsimile:
925.407.2700
13 Attorneys for Plaintiff
14
15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17
18 JOANN MARTINELLI, individually and on
19

behalf of all others similarly situated,
Plaintiff,

20
21

v.
JOHNSON & JOHNSON and McNEIL

22 NUTRITIONALS, LLC,
23

Defendants.

24

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:15-cv-01733-MCE-DB
STIPULATION AND ORDER TO
CONTINUE HEARING ON DEFENDANTS
MCNEIL NUTRITIONALS, LLC AND
JOHNSON & JOHNSON’S MOTION TO
DENY NATIONWIDE CLASS
CERTIFICATION OR, IN THE
ALTERNATIVE, MOTION TO STRIKE
NATIONWIDE CLASS ALLEGATIONS

25
26

It is hereby stipulated by and between the parties, Defendants Johnson & Johnson and McNeil

27 Nutritionals, LLC (“Defendants”) and Plaintiff JoAnn Martinelli (“Plaintiff”), by and through the
28 undersigned counsel as follows:
STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANTS MCNEIL NUTRITIONALS, LLC AND
JOHNSON & JOHNSON’S MOTION TO DENY NATIONWIDE CLASS CERTIFICATION OR, IN THE
ALTERNATIVE, MOTION TO STRIKE NATIONWIDE CLASS ALLEGATIONS
1202150.1

1

1.

On September 23, 2016, Defendants Johnson & Johnson and McNeil Nutritionals, LLC

2 filed a Motion to Deny Nationwide Class Certification Or, In The Alternative, Motion to Strike
3 Nationwide Class Allegations. [Dkt. 45]. Defendants set the hearing for December 1, 2016 at 2:00 p.m.
4

2.

Defendants’ counsel has an unforeseen scheduling conflict and is no longer available to

5 attend the hearing.
6

3.

The parties respectfully request that the Court continue the hearing to January 12, 2017 at

7 2:00 p.m.

TUCKER ELLIS LLP

Chicago ♦ Cleveland ♦ Columbus ♦ Denver ♦ Houston ♦ Los Angeles ♦ St. Louis ♦ San Francisco

8
9

DATED: November 10, 2016

TUCKER ELLIS LLP
By:
/s/ Amanda Villalobos
Mollie F. Benedict - SBN 187084
[e-mail]
Amanda Villalobos - SBN 262176
[e-mail]
515 South Flower Street
Forty-Second Floor
Los Angeles, CA 90071-2223
Telephone:
213.430.3400
Facsimile:
213.430.3409

10
11
12
13
14
15
16

Attorneys for Defendants MCNEIL
NUTRITIONALS LLC
and JOHNSON & JOHNSON

17
18
19
20

DATED: November 10, 2016

21

BURSOR & FISHER, P.A.
By:
/s/ L. Timothy Fisher
L. Timothy Fisher - SBN 191626
[e-mail]
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone:
925.300.4455
Facsimile:
925.407.2700

22
23
24
25

Attorneys for Plaintiff JOANN MARTINELLI

26
27
28

2
STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANTS MCNEIL NUTRITIONALS, LLC AND
JOHNSON & JOHNSON’S MOTION TO DENY NATIONWIDE CLASS CERTIFICATION OR, IN THE
ALTERNATIVE, MOTION TO STRIKE NATIONWIDE CLASS ALLEGATIONS
1202150.1

1
2

Order
Pursuant to the parties’ stipulation, the hearing on Defendants’ Motion to Deny Nationwide

3 Class Certification Or, In The Alternative, Motion to Strike Nationwide Class Allegations, is hereby
4 continued from December 1, 2016 to January 12, 2017.
5

IT IS SO ORDERED.

6 Dated: November 15, 2016
7

TUCKER ELLIS LLP

Chicago ♦ Cleveland ♦ Columbus ♦ Denver ♦ Houston ♦ Los Angeles ♦ St. Louis ♦ San Francisco

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANTS MCNEIL NUTRITIONALS, LLC AND
JOHNSON & JOHNSON’S MOTION TO DENY NATIONWIDE CLASS CERTIFICATION OR, IN THE
ALTERNATIVE, MOTION TO STRIKE NATIONWIDE CLASS ALLEGATIONS
1202150.1

1
2
3
4
5
6

TUCKER ELLIS LLP

Chicago ♦ Cleveland ♦ Columbus ♦ Denver ♦ Houston ♦ Los Angeles ♦ St. Louis ♦ San Francisco

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

CERTIFICATE OF SERVICE
This Certificate of Service is made in compliance with Local Rule 5.1.2 and Civ.R. 5(b).
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to the within action. My business address is 515 South Flower Street, Forty-Second
Floor, Los Angeles, CA 90071-2223.
On the date indicated below, a true and correct copy of the foregoing STIPULATION
AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS MCNEIL
NUTRITIONALS, LLC AND JOHNSON & JOHNSON’S MOTION TO DENY
NATIONWIDE CLASS CERTIFICATION OR, IN THE ALTERNATIVE, MOTION TO
STRIKE NATIONWIDE CLASS ALLEGATIONS was filed with Court and served
electronically and will be available for viewing and downloading from the Court’s CM/ECF
system:
The Notice of Electronic Case Filing automatically generated by the system and sent to
all parties entitled to service under the Federal Rules of Civil Procedure and the Local Rules of
the District of California who have consented to electronic service shall constitute service of the
filed document to all such parties.
I declare under penalty of perjury that I am employed in the office of a member admitted
to practice before the District Court for the Central District of California and ECF registered in
this Court at whose direction the service was made and that the foregoing is true and correct.
Executed on, November 11, 2016, at Los Angeles, CA.

22

/s/ Amanda Villalobos

23
24
25
26
27
28

STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANTS MCNEIL NUTRITIONALS,
LLC AND JOHNSON & JOHNSON’S MOTION TO DENY NATIONWIDE CLASS CERTIFICATION OR, IN
THE ALTERNATIVE, MOTION TO STRIKE NATIONWIDE CLASS ALLEGATIONS
1202150.1