Lengen et al v. General Mills, Inc. et al

Filing 34

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 10/17/2016 ORDERING the Hearing on Defendants' 25 Motion to Dismiss is CONTINUED to 12/15/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Jackson, T)

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David T. Biderman (Bar No. 101577)
[e-mail]
PERKINS COIE LLP
505 Howard Street, Suite 1000
San Francisco, CA 94105-3204
Telephone: [phone]
Facsimile: 415.344.7050
Charles C. Sipos (pro hac vice)
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Attorneys for Defendants
General Mills, Inc.; General Mills Sales, Inc.; General
Mills Operations, LLC;

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBORAH NAVA, et al.,
Plaintiffs,

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v.
GENERAL MILLS, INC.; GENERAL
MILLS SALES, INC.; GENERAL MILLS
OPERATIONS, LLC, AND DOES 1-50,
Defendants.

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STIPULATION AND ORDER
No. 15-cv-02262-MCE-KJN
14577-0107.0002/LEGAL133246213.1

Case No. 15-cv-02262-MCE-KJN
STIPULATION AND ORDER TO
CONTINUE HEARING ON
DEFENDANTS’ MOTION TO DISMISS
Date: October 20, 2016
Time: 2:00 p.m.
Judge: Hon. Morrison C. England, Jr.
Courtroom: 7

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STIPULATION

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Plaintiffs Deborah Nava and Katrina Whitney and Defendants General Mills, Inc.,

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General Mills Sales, Inc., General Mills Operations, LLC (“Defendants”), by their respective

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attorneys, stipulate as follows:

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WHEREAS, Plaintiffs filed their First Amended Complaint on May 25, 2016 [ECF
No. 22];
WHEREAS, on July 8, 2016 Defendants filed a Motion to Dismiss the Amended
Complaint scheduling the hearing for September 8, 2016 [ECF No. 25];

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WHEREAS, the Motion to Dismiss is fully briefed and on September 2, 2016, the Court

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reset the hearing on the Motion to Dismiss to October 20, 2016, at 2:00 p.m. [ECF No. 32]; and

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WHEREAS, the parties have met and conferred and request that the Court continue the

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October 20, 2016 hearing on the pending Motion to Dismiss to December 8, 2016, and that the

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Court hold decision on the Motion to Dismiss in abeyance until that time;

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WHEREAS, a stipulation and proposed Order requesting the same continuance is being

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concurrently filed in the related matter Haddix v. General Mills, No. 15-cv-02625-MCE-KJN,

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which also has a hearing scheduled for October 20, 2016, at 2:00 p.m. in this Court;

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WHEREAS, in both this action and the Haddix action, this stipulation and request is being

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sought because the Parties have reached agreement in principle that will resolve the matter that

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they expect to finalize prior to the requested December 8, 2016, requested continuance date; and

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WHEREAS, this stipulation and request is being made as soon as the parties reached an
agreement to seek a continuance.

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THEREFORE, the parties hereby stipulate and agree as follows:

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The hearing on Defendants’ Motion to Dismiss be continued from October 20,

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2016, to December 8, 2016, and that the Court hold decision on the Motion to Dismiss in

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abeyance until that time.

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IT IS SO STIPULATED.

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STIPULATION AND ORDER
No. 15-cv-02262-MCE-KJN
14577-0107.0002/LEGAL133246213.1

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DATED: October 13, 2016

CUTTER LAW P.C.

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By: s/ John R. Parker, Jr.
John R. Parker, Jr.

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Attorneys for Plaintiffs
Deborah Nava and Katrina Whitney

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DATED: October 13, 2016

PERKINS COIE LLP

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By: s/ Charles C. Sipos
Charles C. Sipos

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Attorneys for Defendants
General Mills, Inc., General Mills Sales, Inc.,
General Mills Operations, LLC

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ORDER

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Pursuant to the parties’ stipulation and good cause appearing, in an effort to promote

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resolution of the matter, the Court hereby orders that the hearing on Defendants’ Motion to

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Dismiss be continued from October 20, 2016 to December 15, 2016.

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IT IS SO ORDERED.
DATED: October 17, 2016

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_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER
No. 15-cv-02262-MCE-KJN
14577-0107.0002/LEGAL133246213.1

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