Meaunrit v. Conagra Foods, Inc. et al

Filing 47

ORDER re: supplemental briefing 45 Stipulation filed by Conagra Foods, Inc.. Signed by Judge Charles R. Breyer on 1/21/2010. (be, COURT STAFF) (Filed on 1/25/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Robert B. Hawk (SBN 118054) Ryan D. Marsh (SBN 237259) HOGAN & HARTSON LLP 525 University Avenue, 4th Floor Palo Alto, California 94301 Telephone: [phone] Facsimile: [phone] [e-mail]; [e-mail] Attorneys for Defendant CONAGRA FOODS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JULIE MEAUNRIT, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. CONAGRA FOODS, INC., Defendant. Case No. C 09-02220 CRB STIPULATION AND [PROPOSED] ORDER RE SUPPLEMENTAL BRIEFING DIRECTED AT PLAINTIFF'S SECOND AMENDED COMPLAINT The Honorable Charles R. Breyer

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE RE CONAGRA FOODS, INC.'S MOT. TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT CASE NO. C 09-2220 CRB

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS pursuant to the Court's December 11, 2009 minute order and consistent with the Court's directions to the parties during the December 11, 2009 hearing on Defendant ConAgra Foods, Inc.'s ("ConAgra's") Motion to Dismiss Plaintiff's First Amended Complaint, the Court granted Plaintiff leave to amend her complaint and file a Second Amended Complaint within (20) days of that hearing, and indicated that the parties could file supplemental briefs addressing issues relating to the amended allegations in such amended complaint, and that counsel should meet and confer over a briefing schedule; WHEREAS Plaintiff filed the Second Amended Complaint on December 31, 2009; WHEREAS Defendant intends to submit additional briefing consistent with the Court's directions and minute order referenced above, and the parties have agreed to a stipulated briefing schedule; IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant ConAgra, through their respective counsel, that (1) ConAgra's supplemental brief shall be filed on January 29, 2010, (2) Plaintiff's supplemental brief in response shall be filed on February 18, 2010, (3) Because the parties have not reached agreement regarding the filing of a supplemental reply brief, ConAgra reserves its rights to seek leave from the Court to file a supplemental reply brief, which if such brief is filed, shall be filed no later than February 25, 2010, and Plaintiff reserves her rights to oppose such an application; and (4) Defendant's Motion to Dismiss with respect to the First Amended Complaint and Second Amended Complaint shall be deemed submitted upon the filing of the supplemental briefing referenced above, and the Court will notify the parties if it wishes further oral argument.

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE RE CONAGRA FOODS, INC.'S MOT. TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT CASE NO. C 09-2220 CRB

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // //

IT IS SO STIPULATED. Dated: January 19, 2010 HOGAN & HARTSON LLP By: /s/ Robert B. Hawk Robert B. Hawk Attorneys for Defendant CONAGRA FOODS, INC.

Dated: January 19, 2010

THE CONSUMER LAW GROUP By: /s/ Alan M. Mansfield Alan M. Mansfield Attorneys for Plaintiff JULIE MEAUNRIT

PURSUANT TO STIPULATION, IT IS SO ORDERED.
ICT S ________________________________________ TE
UNIT ED
U.S District Judge, Charles R. Breyer

Date: January ___, 2010 22

S

TA

DISTR

C

ER

N

F D IS T IC T O R

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE RE CONAGRA FOODS, INC.'S MOT. TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT CASE NO. C 09-2220 CRB

2

A

C

LI

FO

harle Judge C

s R. Bre

yer

R NIA

O ORD IT IS S

ERED

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Robert B. Hawk, am the ECF User whose ID and password are being used to file this Joint Stipulation Extending Time For Defendant ConAgra Foods, Inc. to Respond to Complaint. I hereby attest that plaintiff's counsel, through Alan M. Mansfield, Esq., has concurred in this filing.

DATED: January 19, 2010

HOGAN & HARTSON LLP By /s/ Robert B. Hawk Robert B. Hawk

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE RE CONAGRA FOODS, INC.'S MOT. TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT CASE NO. C 09-2220 CRB

3