Astiana v. Dreyer's Grand Ice Cream, Inc.

Filing 76

STIPULATION AND ORDER re 75 Continuing Class Cert. Motion Briefing & Hearing Schedule and Dismissing Named Plaintiff Jay Woolwine filed by Dreyer's Grand Ice Cream, Inc.. Signed by Judge Edward M. Chen on 2/27/13. (bpf, COURT STAFF) (Filed on 2/27/2013)

MAYER BROWN LLP
1 Carmine R. Zarlenga (D.C. Bar No. 286244)
[e-mail]
2 1999 K Street, N.W.
Washington, D.C. 20006-1101
3 Telephone: [phone]
Facsimile: [phone]
4
MAYER BROWN LLP
5 Dale J. Giali (Cal. Bar No. 150382)
[e-mail]
6 350 South Grand Avenue
25th Floor
7 Los Angeles, CA 90071-1503
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Defendant
10 DREYER’S GRAND ICE CREAM, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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15 SKYE ASTIANA, PAMELA
RUTLEDGE-MUHS, et al.,
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Plaintiffs,
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)
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vs.
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DREYER’S GRAND ICE CREAM, INC., )
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Defendant.
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Case No. C11-02910 EMC
consolidated with
Case No. C11-3164 EMC
STIPULATION AND [proposed]
ORDER (1) FURTHER CONTINUING
CLASS CERTIFICATION BRIEFING
SCHEDULE, (2) FURTHER
CONTINUING THE JUNE 6, 2013
HEARING ON THE CLASS
CERTIFICATION MOTION, (3)
CONTINUING THE JUNE 6, 2013
CASE MANAGEMENT
CONFERENCE, AND (4)
DISMISSING ALL CLAIMS BY
NAMED PLAINTIFF JAY
WOOLWINE AGAINST DREYER’S
WITHOUT PREJUDICE AND
REMOVING HIM AS A PUTATIVE
CLASS REPRESENTATIVE

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STIPULATION AND ORDER
Case No. C11-02910
701023689.1

Plaintiffs Skye Astiana, Pamela Rutledge-Muhs and Jay Woolwine, and

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2 defendant Dreyer’s Grand Ice Cream, Inc., by and through their respective counsel of
3 record and pursuant to Fed. R. Civ. P. 41 and Local Rules 6-2 and 7-12, enter into the
4 following stipulation for an order (1) further continuing the class certification briefing
5 schedule, (2) further continuing the June 6, 2013 hearing on the class certification
6 motion, (3) continuing the June 6, 2013 case management conference, and (4)
7 dismissing all claims by named plaintiff Jay Woolwine without prejudice and removing
8 him as a putative class representative in this action:
WHEREAS, on June 14, 2011, plaintiff Astiana filed her initial complaint (Dkt.

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10 #1);
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WHEREAS, on June 27, 2011, plaintiffs Rutledge-Muhs and Woolwine filed

12 their initial complaint (Dkt. # 1 in Case No. C11-3164 EMC);
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WHEREAS, on August 18, 2011, the two complaints were deemed “related” and

14 Rutledge-Muhs was re-assigned to this department (Dkt. #17);
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WHEREAS, on September 30, 2011, the Court consolidated the two cases for all

16 purposes, designating the Astiana complaint as the single active complaint and relieving
17 Dreyer’s from any obligation to respond to the Rutledge-Muhs complaint (Dkt. #27);
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WHEREAS, on November 30, 2011, the parties engaged in a full day mediation

19 session in New York, New York, before David Geronemus of JAMS, and while the
20 parties were unable to settle the matter during the first day of mediation, sufficient
21 progress was made that the parties believed a second day of mediation was appropriate
22 and warranted;
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WHEREAS, on March 8, 2012, the parties engaged in a full day mediation

24 session in San Francisco, before David Rotman of Gregorio, Haldeman & Rotman, and
25 while the parties were unable to settle the matter during the second day of mediation,
26 they agreed to consider re-initiating mediation at a later date;
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-1STIPULATION AND ORDER
Case No. C11-02910
701023689.1

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WHEREAS, on July 31, 2012, a case management conference was held, and

2 subsequently on August 2, 2012, the Court entered a class certification motion schedule
3 (Dkt. #55), providing that Plaintiffs’ motion for class certification was to be filed on
4 January 25, 2013, and setting a briefing schedule and hearing on the motion for class
5 certification;
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WHEREAS, on November 16, 2012, the Court sua sponte reset the date for the

7 hearing on the class certification motion to June 6, 2013, and modified the due date for
8 the reply brief (Dkt. #70);
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WHEREAS, on December 12, 2012 (based on the parties’ stipulation (Dkt. #71)),

10 the Court reset the last day to file a motion for class certification to March 1, 2013 and
11 modified the briefing schedule, but retained the June 6, 2013 hearing date;
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WHEREAS, at the February 8, 2013 further case management conference, the

13 Court set a further case management conference for June 6, 2013 (the same day as the
14 scheduled hearing on the motion for class certification) (Dkt. #74);
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WHEREAS, the parties are currently engaged in discussions about whether to

16 reinitiate mediation and specifically whether Dreyer’s will make plaintiffs a settlement
17 counter-offer in advance of a third day of mediation;
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WHEREAS, the parties desire a three-week period of time to consider these

19 issues, including whether to schedule a third day of mediation, and believe it most
20 efficient for Court and party resources to do so without also having to simultaneously
21 litigate the action;
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WHEREAS, to effectuate the three-week period without simultaneously having to

23 litigate the action, the parties desire to continue for three week the class certification
24 briefing schedule, the class certification hearing date, and the further case management
25 conference;
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WHEREAS, the Court has not set any other outstanding deadlines in this action;

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-2STIPULATION AND ORDER
Case No. C11-02910
701023689.1

WHEREAS, named plaintiff Jay Woolwine recently has indicated his desire to

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2 dismiss without prejudice all of his claims against Dreyer’s and to withdraw as a named
3 plaintiff; and
WHEREAS, Dreyer’s is agreeable to such dismissal and withdrawal, including

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5 that neither side will seek costs against the other.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS

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7 HEREBY STIPULATED by and between the parties, subject to approval by the Court,
8 that:
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1.

The last day to file a motion for class certification is March 22, 2013

10 (continued from March 1, 2013);
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2.

The last day to oppose the motion for class certification is May 3, 2013

12 (continued from April 12, 2013);
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3.

The last day to file a reply in support of the motion for class certification is

14 June 13, 2013 (continued from May 23, 2013);
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4.

July 11,

The hearing on the motion for class certification is continued to June 27,

16 2013 at 1:30 p.m. (from June 6, 2013);
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5.

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and 41(a)(2), all of named

18 plaintiff Jay Woolwine’s claims against defendant Dreyer’s Grand Ice Cream, Inc. in
19 this consolidated action are dismissed without prejudice, Mr. Woolwine will not be
20 required to appear for deposition in this action, and Dreyer’s and Mr. Woolwine shall
21 not seek costs of suit from the other; and
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-3STIPULATION AND ORDER
Case No. C11-02910
701023689.1

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6.

Nothing stated herein shall prevent the parties, or one of them, from

2 seeking an order further extending the dates set out above.
3 Dated: February 21, 2013

LAW OFFICES OF JANET LINDNER SPIELBERG

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By:
/s/ Janet Lindner Spielberg
Janet Lindner Spielberg, Co-Lead Attorney for
PLAINTIFFS

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Dated: February 21, 2013

BRAUN LAW GROUP, P.C.

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By:
/s/ Michael D. Braun
Michael D. Braun, Co-Lead Attorney for
PLAINTIFFS

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Dated: February 21, 2013

STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC

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By:
/s/ Joseph N. Kravec, Jr.
Joseph N. Kravec, Co-Lead Attorney for
PLAINTIFFS

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16 Dated: February 21, 2013

FEARS NACHAWATI LAW FIRM

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By:
/s/ Nabil Majed Nachawati
Nabil Majed Nachawati, Co-Lead Attorney for
PLAINTIFFS

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MAYER BROWN LLP
By:
/s/ Dale J. Giali
Dale J. Giali, Attorneys for DEFENDANT

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24 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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S DISTRIC
S
UNIT
ED

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TE
TA

Hon. Edward M. Chen, U.S. District Judge
ED
ER
O ORD D
IT IS S
DIFIE
-4AS MO

NO

STIPULATION AND ORDER
Case No. C11-02910
701023689.1

TC

RT
U
O

26 Dated: February ___, 2013
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The hearing on motion for class
certification is continued to
July 11, 2013 at 1:30 p.m.

RT

en
d M. Ch
e Edwar
Judg

R NIA

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Dated: February 21, 2013

FO

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CERTIFICATE OF SERVICE

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I hereby certify that on February 21, 2013, I caused the foregoing

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STIPULATION AND [proposed] ORDER (1) FURTHER CONTINUING CLASS

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CERTIFICATION BRIEFING SCHEDULE, (2) further CONTINUING THE

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JUNE 6, 2013 HEARING ON THE CLASS CERTIFICATION MOTION, (3)

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CONTINUING THE JUNE 6, 2013 CASE MANAGEMENT CONFERENCE,

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AND (4) DISMISSING ALL CLAIMS BY NAMED PLAINTIFF JAY

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WOOLWINE AGAINST DREYER’S WITHOUT PREJUDICE AND

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REMOVING HIM AS A PUTATIVE CLASS REPRESENTATIVE to be

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electronically filed with the Clerk of the Court. I understand that the Court will provide

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electronic notification of and access to such filing to the counsel of record in this matter

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who are registered on the CM/ECF.

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Dated: February 21, 2013

MAYER BROWN LLP

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By:

/s/ Dale J. Giali
Dale J. Giali
Attorneys for Defendant
DREYER’S GRAND ICE CREAM, INC.

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-5STIPULATION AND ORDER
Case No. C11-02910
701023689.1