Hensley-Maclean et al v. Safeway, Inc.

Filing 108

STIPULATION AND ORDER RE BRIEFING SCHEDULE FOR COURT-ORDERED MOTION FOR PARTIAL SUMMARY JUDGMENT. Motion Hearing set for 3/27/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 10/18/13. (cl, COURT STAFF) (Filed on 10/18/2013)

JESSE F. RUIZ [SBN. 77984]
[e-mail]
GABRIEL G. GREGG [SBN. 187333]
2
[e-mail]
ROBINSON & WOOD, INC.
3 227 N 1st Street
San Jose, California 95113
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Defendant
6 SAFEWAY INC.
1

11 Attorneys for Plaintiffs and the Proposed Class
ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

7 Stephen H. Gardner (Pro Hac Vice)
[e-mail]
8 Center for Science in the Public Interest
5646 Milton Street, Suite 714
9 Dallas, TX 75206
Telephone: [phone]
10 Facsimile: [phone]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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DEE HENSLEY-MACLEAN and SARA
16 DUNCAN, on behalf of themselves and all
others similarly situated,
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Plaintiffs,
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vs.
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SAFEWAY INC.,
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Defendants.
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Case No. 3:11-CV-01230 RS
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER RE BRIEFING SCHEDULE FOR
COURT-ORDERED MOTION FOR
PARTIAL SUMMARY JUDGMENT
Judge: Hon. Richard Seeborg
Dept.: 3 - 17th floor

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885098

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3:11-CV-01230 RS
STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR COURT-ORDERED MOTION
FOR PARTIAL SUMMARY JUDGMENT

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Pursuant to this Court's minute order dated September 19, 2013 (Dkt. 103), Plaintiffs and

2 Safeway Inc. ("Safeway") present this Stipulation and [Proposed] Order re Briefing Schedule For
3 Court-Ordered Motion for Partial Summary Judgment ("Motion"). The parties advise the Court
4 that they continue to have a dispute regarding whether or not Plaintiffs are entitled to discovery
5 with respect to the Motion, but have jointly agreed not to delay the filing of this Stipulation on the
6 basis of such dispute. As necessary, this issue may be raised with this Court at a later time.
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After extensive meeting and conferring, the parties have agreed upon a briefing schedule

8 for the Motion which is set forth below. The parties have attempted to accommodate the Court's
9 observations regarding timing of the Motion's briefing schedule made during the class certification

11 commitments of counsel and especially the upcoming holiday season.
ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

10 hearing on September 19, and have worked to accommodate the professional and personal

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Therefore, the Parties jointly submit, for the Court's approval, the following proposed

13 briefing schedule:
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1.

Deadline to file Motion. Safeway shall file its Motion by November 18, 2013.

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2.

Deadline to file Opposition to Motion. Plaintiffs shall file their Opposition to the

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Motion by January 31, 2014.
3.

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Deadline to file Reply in Support of Motion. Safeway shall file its Reply in
Support of its Motion by March 7, 2014.

4.

Hearing on Motion. The hearing on the Motion shall be scheduled for March 27,
2014, at 1:30 p.m.

21 Dated: October 18, 2013
22 Respectfully submitted,
23 Center for Science in the Public Interest

Robinson & Wood, Inc.

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885098

/s/ Stephen Gardner

Stephen Gardner
26 Amanda Howell
5646 Milton Street, Suite 714
27 Dallas, TX 85206
Telephone: [phone]
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/s/ Gabriel G. Gregg
Jesse F. Ruiz
Gabriel G. Gregg
227 N. 1st Street
San Jose, CA 95113
Telephone: [phone]

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3:11-CV-01230 RS
STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR COURT-ORDERED MOTION
FOR PARTIAL SUMMARY JUDGMENT

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Facsimile: [phone]

Facsimile: [phone]

2 Consumer Law Practice of Daniel T. LeBel
Daniel T. LeBel
3 601 Van Ness Avenue
Opera Plaza, Suite 2080
4 San Francisco, CA 94102
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-and-

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ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

7 Steven A. Skalet
Craig L. Briskin
8 Mehri & Skalet, PLLC
1250 Connecticut Ave., NW, Suite 300
9 Washington, DC 20036
Telephone: [phone]
10 Facsimile: [phone]

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-and-

Whitney Stark
13 Rukin Hyland Doria & Tindall LLP
100 Pine Street, Suite 2150
14 San Francisco, CA 94111
Telephone: [phone]
15 Facsimile: [phone]
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-and-

17 James C. Sturdevant
The Sturdevant Law Firm
18 354 Pine Street, Fourth Floor
San Francisco, CA 94104
19 Telephone: [phone]
Facsimile: [phone]
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*****

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23 PURSUANT TO STIPULATION, IT IS SO ORDERED:
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25 Dated: October__, 2013
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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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885098

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3:11-CV-01230 RS
STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR COURT-ORDERED MOTION
FOR PARTIAL SUMMARY JUDGMENT

ATTESTATION CLAUSE

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I, Gabriel G. Gregg, hereby attest in accordance with General Order 45.X that Stephen

3 Gardner, counsel for Plaintiffs Hensley-Maclean and Duncan, provided his concurrence with the
4 electronic filing of the foregoing document entitled
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Dated: October 18, 2013

ROBINSON & WOOD, INC.

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ATTORNEYS AT LAW

ROBINSON & WOOD, INC.

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By: /s/ Gabriel G. Gregg
JESSE F. RUIZ
GABRIEL G. GREGG
Attorneys for Defendant
SAFEWAY INC.

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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR COURT-ORDERED MOTION
FOR PARTIAL SUMMARY JUDGMENT