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

Filing 78

STIPULATION AND ORDER re 77 further continuing class certification briefing schedule and July 11, 2013 hearing and continuing July 11, 2013 case management conference filed by Dreyer's Grand Ice Cream, Inc. Case Management Statement d ue by 9/5/2013. Motions due by 4/22/2013. Replies due by 7/12/2013. Responses due by 6/3/2013. Further Case Management Conference set for 9/12/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 9/12/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 3/11/13. (bpf, COURT STAFF) (Filed on 3/11/2013)

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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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
JULY 11, 2013 HEARING ON THE
CLASS CERTIFICATION MOTION;
and
(3) CONTINUING THE JULY 11, 2013
CASE MANAGEMENT
CONFERENCE

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STIPULATION AND ORDER
Case No. C11-02910
705458246.1

Plaintiffs Skye Astiana and Pamela Rutledge-Muhs, and defendant Dreyer’s

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2 Grand Ice Cream, Inc., by and through their respective counsel of record and pursuant to
3 Local Rules 6-2 and 7-12, enter into the following stipulation for an order (1) further
4 continuing the class certification briefing schedule, (2) further continuing the July 11,
5 2013 hearing on the class certification motion, and (3) continuing the July 11, 2013 case
6 management conference:
WHEREAS, on February 27, 2013, and pursuant to stipulation of the parties (Dkt.

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8 #75), the Court issued an Order continuing the class certification briefing schedule,
9 continuing the hearing on the class certification motion to July 11, 2013, and continuing
10 the further case management conference to July 11, 2013 (see Dkt. #76 & additional
11 February 27, 2013 docket entry), to allow the parties to meet and confer regarding
12 further settlement proceedings in the case;
WHEREAS, the parties have engaged in further meet and confer sessions, which

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14 sessions have resulted in the parties scheduling a further mediation session to take place
15 on March 18, 2013 in Los Angeles, California, before the Hon. Peter Lichtman (Ret.,
16 Los Angeles Superior Court); and
WHEREAS, the parties desire a short standstill of litigation activities, and an

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18 additional 30-day extension to the class certification motion schedule and further case
19 management conference date, to preserve Court and party resources while the parties
20 meet with Judge Lichtman;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS

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

The parties will “stand down” on all litigation activities until April 1, 2013;

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2.

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

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-1STIPULATION AND ORDER
Case No. C11-02910
705458246.1

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3.

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

2 (continued from May 3, 2013);
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4.

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

4 July 12, 2013 (continued from June 13, 2013);
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5.

The hearing on the motion for class certification is continued to August 15,

6 2013 at 1:30 p.m. (from July 11, 2013);
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6.

The further case management conference is continued to August 15, 2013

8 at 1:30 p.m. (from July 11, 2013); and
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-2STIPULATION AND ORDER
Case No. C11-02910
705458246.1

September 12, 2013

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7.

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: March 11, 2013

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

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Dated: March 11, 2013

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Dated: March 11, 2013

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13 Dated: March 11, 2013
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FEARS NACHAWATI LAW FIRM
By:
/s/ Nabil Majed Nachawati
Nabil Majed Nachawati, Co-Lead Attorney for
PLAINTIFFS

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STEMBER FEINSTEIN DOYLE PAYNE & KRAVEC
By:
/s/ Joseph N. Kravec, Jr.
Joseph N. Kravec, Co-Lead Attorney for
PLAINTIFFS

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BRAUN LAW GROUP, P.C.
By:
/s/ Michael D. Braun
Michael D. Braun, Co-Lead Attorney for
PLAINTIFFS

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LAW OFFICES OF JANET LINDNER SPIELBERG

Dated: March 11, 2013

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

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RT

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N-3STIPULATION AND ORDER
D IS T
R T
Case No. C11-02910I C
705458246.1

hen

rd M. C

dwa
Judge E

H

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R NIA

IT IS
DIFIED
AS MO

NO

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Hon. Edward DERED U.S. District Judge
SO OR M. Chen,

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UNIT
ED

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Dated: March ___, 2013

S DISTRICT
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(as modified on p.
2, line 7)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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OF

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CERTIFICATE OF SERVICE

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I hereby certify that on March 11, 2013, I caused the foregoing STIPULATION

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

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CERTIFICATION BRIEFING SCHEDULE; (2) FURTHER CONTINUING THE

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JULY 11, 2013 HEARING ON THE CLASS CERTIFICATION MOTION; and

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(3) CONTINUING THE JULY 11, 2013 CASE MANAGEMENT CONFERENCE

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

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

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this matter who are registered on the CM/ECF.

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Dated: March 11, 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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-4STIPULATION AND ORDER
Case No. C11-02910
705458246.1