Brahler v. Kraft Heinz Food Company

Filing 14

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/16/16 ORDERING that the case is STAYED pending the JPML's ruling on MDL Petitions 2705, 2707, and 2708. The parties shall submit a joint status report to this court within 5 days of the JPML's ruling. (Benson, A)

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JENNER & BLOCK LLP
Kenneth K. Lee (Cal. Bar No. 264296)
[e-mail]
633 West 5th Street, Suite 3600
Los Angeles, CA 90071
Telephone: [phone]
Facsimile:
[phone]
JENNER & BLOCK LLP
Dean N. Panos (to apply pro hac vice)
[e-mail]
353 N. Clark Street
Chicago, IL 60654
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendants Kraft Heinz Company
(improperly sued as Kraft Heinz Foods Company)

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[ADDITIONAL COUNSEL ON SIGNATURE PAGE]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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GEORGE BRAHLER, individually and on
behalf of all others similarly situated,

Case No. 2:16-cv-849 KJM EFB
The Honorable Kimberly J. Mueller

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Plaintiff,

JOINT STIPULATION TO STAY AND
ORDER

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v.
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KRAFT HEINZ FOODS COMPANY,
Defendant.

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STIPULATION TO STAY AND ORDER

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JOINT STIPULATION TO STAY

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WHEREAS:
(1)

Plaintiff George Brahler filed his Class Action Complaint on April 25, 2016; and

(2)

The deadline for Defendant Kraft Heinz Company (“Kraft Heinz”) to respond to

Plaintiff’s Class Action Complaint is June 27, 2016; and
(3)

At least twenty other similar complaints have been filed against Kraft Heinz across the

country, and plaintiffs in five of those cases filed petitions with the United States Judicial Panel
on Multidistrict Litigation (the “JPML”) seeking to centralize all of the Parmesan-related
lawsuits against Kraft Heinz in a common jurisdiction; and
(4)

The JPML has scheduled oral argument on those MDL petitions, In re: 100% Grated

Parmesan Cheese Marketing and Sales Practices Litigation, MDL No. 2705; In re: Kraft 100%
Grated Parmesan Cheese Marketing and Sales Practices Litigation, MDL No. 2707, as well as a
related MDL petition, In re: Walmart Great Value 100% Grated Parmesan Cheese Marketing
and Sales Practices Litigation, MDL NO. 2708, on May 26, 2016 and will likely issue its
decision regarding centralization in June 2016; and
(5)

In light of the petitions before the JPML and the potential need to coordinate the related

cases, the parties agree that a brief stay of proceedings pending the JPML’s decision is
appropriate because it would avoid the need for unnecessary and duplicative discovery and
motion practice by the parties and conserve valuable judicial resources;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between
the undersigned counsel of record that this case be STAYED pending the JPML’s ruling on
MDL Petitions 2705, 2707, and 2708. The parties shall submit a joint status report to this Court
within five (5) days of the JPML’s ruling.
DATED:

May 9, 2016

KELLER ROHRBACK LLP

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/s/ Matthew J. Preusch

By:

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STIPULATION TO STAY AND [PROPOSED] ORDER

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Matthew J. Preusch

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Attorneys for Plaintiff
George Brahler

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DATED:

May 9, 2016

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JENNER & BLOCK LLP
By:

/s/

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Kenneth K. Lee
Kenneth K. Lee

Attorneys for Defendant
Kraft Heinz Company

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ORDER
Good cause appearing, the court GRANTS the parties’ stipulation to stay the case

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pending the JPML’s ruling on MDL Petitions 2705, 2707, and 2708 (ECF No. 12). The parties

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shall submit a joint status report to this court within five (5) days of the JPML’s ruling.

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IT IS SO ORDERED.
Dated: May 16, 2016

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UNITED STATES DISTRICT JUDGE

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STIPULATION TO STAY AND [PROPOSED] ORDER