Zeisel v. Diamond Foods, Inc.

Filing 198

ORDER GRANTING 197 Stipulation STAYING ALL DEADLINES. Case Management Statement due by 12/2/2011. Case Management Conference set for 12/9/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 10/31/11. (jjoS, COURT STAFF) (Filed on 10/31/2011)

Case3:10-cv-01192-JSW Document197

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Michael D. Braun (Bar No. 167416)
BRAUN LAW GROUP, P.C.
10680 W. Pico Blvd., Suite 280
Los Angeles, CA 90064
Phone: [phone]
Fax:
[phone]
E-Mail: [e-mail]
Janet Lindner Spielberg (Bar No. 221926)
LAW OFFICE OF JANET LINDNER
SPIELBERG
12400 Wilshire Blvd., Suite 400
Los Angeles, CA 90025
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]

Filed10/28/11 Page1 of 4

Joseph N. Kravec, Jr. (pro hac vice)
Ellen M. Doyle (pro hac vice)
Wyatt A. Lison (pro hac vice)
Maureen Davidson-Welling (pro hac vice)
STEMBER FEINSTEIN DOYLE
& PAYNE, LLC
429 Forbes Avenue, 17th Floor
Pittsburgh, PA 15219
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Counsel for Plaintiff and the Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELLIOT ZEISEL, on behalf of himself and all
others similarly situated,
Plaintiff,
v.
DIAMOND FOODS, INC., a Delaware
corporation,

CASE NO. CV 10-01192-JSW (EDL)
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
STAYING ALL DEADLINES

Defendant.

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WHEREAS, on October 13, 2011, the Court entered an Order establishing deadlines for Class

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Notice to be sent, for summary judgment to be briefed and heard, for expert discovery and for a trial in

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this action. See Doc. 194;

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WHEREAS, on October 13, 2011, after a day-long mediation and after the Court entered the

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above-referenced scheduling Order, Plaintiff Elliot Zeisel and Defendant Diamond Foods, Inc.

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(collectively, the “Parties”) reached an agreement in principle regarding the class-wide settlement of

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Stipulation and [Proposed] Order Staying All Deadlines
CV 10-01192-JSW (EDL)

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Case3:10-cv-01192-JSW Document197

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this class action lawsuit subject to final settlement documentation and approval of the Court of a final

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settlement agreement;

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WHEREAS, the Parties still need to document a final settlement agreement. After the Parties

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document a final settlement agreement, the Parties anticipate filing a motion to submit to this Court for

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preliminary approval of the settlement, for entry of plan for dissemination of settlement class notice and

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for setting of a fairness hearing for final approval;

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WHEREAS, the Parties believe that in light of their agreement in principle, all current pre-trial

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and trial deadlines should be stayed pending a Case Management Conference on Friday, December 9,

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2011 at 1:30 p.m., so that the Parties can focus on documenting a final settlement agreement and

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preparing a motion for preliminary approval;

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WHEREAS, if the Parties are able to document a final settlement agreement and file a motion

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for preliminary approval of the settlement before the Case Management Conference on Friday,

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December 9, 2011 at 1:30 p.m., then the Parties agree the December 9, 2011 Case Management

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Conference may be vacated and removed from the Court’s calendar, and all pre-trial and trial deadlines,

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other than those associated with the settlement, may be vacated in their entirety and removed from the

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Court’s calendar;

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WHEREAS, there have been seven prior extensions of time in this Action. See Docs. 5, 27, 32,
66, 158, 163, and 194;

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WHEREAS, this Stipulation is made in good faith and not for purposes of delay;

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WHEREAS, good cause exists for the foregoing modifications to the schedule in this action

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because it would promote judicial efficiency to stay all deadlines pending a Case Management

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Conference on Friday, December 9, 2011 at 1:30 p.m. to allow the Parties time to document a final

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settlement agreement and to prepare and submit a motion for preliminary approval of the agreed-upon

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settlement.

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IS HEREBY STIPULATED by and between the Parties, through their respective counsel of

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record, as follows:

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(a)

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All current deadlines are stayed pending a Case Management Conference on Friday,

December 9, 2011 at 1:30 p.m.;
Stipulation and [Proposed] Order Staying All Deadlines
CV 10-01192-JSW (EDL)

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Case3:10-cv-01192-JSW Document197

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(b)

Filed10/28/11 Page3 of 4

If the Parties are able to document a final settlement agreement and file a motion for

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preliminary approval before the Case Management Conference on Friday, December 9, 2011 at 1:30

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p.m., then the Parties agree the December 9, 2011 Case Management Conference may be vacated and

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removed from the Court’s calendar, and all pre-trial and trial deadlines, other than those associated with

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the settlement, may be vacated in their entirety and removed from the Court’s calendar.

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Dated: October 28, 2011

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STEMBER FEINSTEIN DOYLE
& PAYNE LLC

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By:

Ellen M. Doyle
Wyatt A. Lison
Maureen Davidson-Welling
Allegheny Building, 17th Floor
429 Forbes Avenue
Pittsburgh, PA 15219
Telephone: [phone]
Facsimile: [phone]
Janet Lindner Spielberg
LAW OFFICES OF JANET LINDNER
SPIELBERG
12400 Wilshire Boulevard, #400
Los Angeles, California 90025
Telephone: [phone]
Facsimile: [phone]
Michael D. Braun (SBN 167416)
BRAUN LAW GROUP, P.C.
10680 West Pico Boulevard, Suite 280
Los Angeles, CCalifornia 90064
Telephone: [phone]
Facsímile: [phone]
Attorneys for Plaintiff and the Class

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/s/ Joseph N. Kravec, Jr.
Joseph N. Kravec, Jr.
(Admitted Pro Hac Vice)

WINSTON & STRAWN LLP
By: /s/ Amanda L. Groves

Jeffrey J. Lederman
Jeffrey S. Bosley
Amanda L. Groves
101 California Street
San Francisco, CA 94111-5802
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Diamond Foods, Inc.

I, Amanda L. Groves, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
concurrence to the filing of this document has been obtained from each signatory hereto.

/s/ Amanda L. Groves
Amanda L. Groves

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Stipulation and [Proposed] Order Staying All Deadlines
CV 10-01192-JSW (EDL)

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Case3:10-cv-01192-JSW Document197

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. agreement by December 2, 2011, a case

If the parties are unable to finalize a settlement

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management statement shall be due on that date.
October 31, 2011
Dated ______________________

__________________________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

Stipulation and [Proposed] Order Staying All Deadlines
CV 10-01192-JSW (EDL)

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