Rodman v. Safeway, Inc.

Filing 47

ORDER GRANTING 46 STIPULATION to Continue Case Management Conference. Case Management Statement due by 5/18/2012. Case Management Conference set for 5/25/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 4/13/12. (jjoS, COURT STAFF) (Filed on 4/13/2012)

Case3:11-cv-03003-JSW Document46 Filed04/12/12 Page1 of 5

1 Lesley E. Weaver (SBN 191305)
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
2 199 Fremont Street, 20th Floor
San Francisco, CA 92101
3 Telephone: [phone]
Facsimile: [phone]
4 [e-mail]
5 [Other Counsel listed on signature page]
6 Attorneys for Plaintiff and on Behalf
of All Others Similarly Situated
7
8 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
9
Including Professional Corporations
P. CRAIG CARDON, Cal. Bar No. 168646
10 [e-mail]
BRIAN R. BLACKMAN, Cal. Bar No. 196996
11 [e-mail]
ELIZABETH S. BERMAN, Cal. Bar No. 252377
12 [e-mail]
4 Embarcadero Center, 17th Floor
13 San Francisco, California 94111-4109
Telephone: [phone]
14 Facsimile: 415-434-3947
15 Attorneys for Defendant
SAFEWAY INC.
16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19
20 MICHAEL RODMAN, on behalf of
himself and all others similarly situated,
21
Plaintiff,
22
v.
23
SAFEWAY INC.,
24
Defendant.
25

Case No. 3:11-CV-03003 JSW
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
Date:
April 20, 2012
Time:
1:30 PM
Courtroom: 11, 19th Floor
The Honorable Jeffrey S. White

26
27
28
W02-WEST:5BB\404938312.1

STIP. & ORDER CONTINUING CMC

Case3:11-cv-03003-JSW Document46 Filed04/12/12 Page2 of 5

1

Plaintiff Michael Rodman ("Plaintiff") and defendant Safeway Inc. ("Safeway"), by

2 and through their counsel, stipulate:
3

1.

Plaintiff filed his Class Action Complaint on June 17, 2011 (Dkt. No. 1) and

4 later amended his complaint on September 15, 2011 (Dkt. No. 29). The Amended
5 Complaint, which is the operative complaint, alleges claims for breach of contract,
6 violation of California's Consumer Legal Remedies Act (Civ. Code § 1770, et seq.), false
7 advertising (Bus. & Prof. Code § 17500, et seq.) and unfair competition (Bus. & Prof.
8 Code § 17200, et seq.). In support of his claims, Plaintiff alleges that Safeway
9 misrepresented to customers that the prices they will be charged for groceries ordered
10 online for home delivery would be the same as the price charged on that day in the
11 customers' local brick-and-mortar store.
12

2.

Safeway moved to dismiss the Amended Complaint, which the Court

13 denying by order entered November 1, 2011 (Dkt. No. 38). Safeway answered the
14 Amended Complaint, denying it misrepresented its online store pricing and alleging
15 various affirmative defenses, on November 15, 2011 (Dkt. No. 39).
16

3.

On December 1, 2011, the parties participated in an Early Neutral Evaluation

17 before Stephen E. Taylor, Esq. As reflected by Mr. Taylor’s Certification of ADR Session
18 (Dkt. No. 40), the parties agreed to continue their ADR efforts through a full day
19 mediation.
20

4.

By orders entered January 3, 2011 and March 15, 2012, the Court continued

21 the initial case management conference to March 23, 2012 and then to April 20, 2012 to
22 allow the parties time to complete their efforts to settle this matter (Dkt. Nos. 43 and 45).
23

5.

The parties were originally scheduled for a full days mediation before Judge

24 William Cahill (Ret.) at JAMS in San Francisco on April 10, 2012. The parties further
25 agreed to informally exchange discovery information necessary to facilitate a productive
26 mediation session.
27

6.

Due to the medical condition of Safeway's representative and recovery time

28 following her surgery, Safeway was unable to prepare for and participate in a mediation on
-1W02-WEST:5BB\404938312.1

STIP. & ORDER CONTINUING CMC

Case3:11-cv-03003-JSW Document46 Filed04/12/12 Page3 of 5

1 April 10th. The parties, therefore, continued the mediation to May 15, 2012, which was
2 the next available date on Judge Cahill's and all parties' calendar.
3

7.

The parties have since exchanged their informal mediation discovery and the

4 matter has been confirmed for a full-day mediation before Judge Cahill on May 15th. The
5 parties do not anticipate any further delays.
6

8.

Given the unforeseen medical complications and the ongoing settlement

7 discussions, the parties jointly request the Court continue the April 20, 2012 Case
8 Management Conference to May 25, 2012, with a joint case management conference
9 statement due on May 18, 2012, or a date thereafter convenient to the Court.
10

IT IS SO STIPULATED.

11 Dated: April 12, 2012
12

SHEPHERD, FINKELMAN, MILLER & SHAH LLP

13
By

14
15
16
17 Dated: April 12, 2012

/s/ James C. Shah
LESLEY E. WEAVER
JAMES C. SHAH
Attorneys for Plaintiff MICHAEL RODMAN

CHIMICLES & TIKELLIS, LLP

18
19

By

20
21
22 Dated: April 12, 2012
23
24

SHEPPARD MULLIN RICHTER & HAMPTON LLP

By

25
26

/s/ Steven A. Schwartz
STEVEN A. SCHWARTZ
TIMOTHY N. MATHEWS
Attorneys for Plaintiff MICHAEL RODMAN

/s/ Brian R. Blackman
P. CRAIG CARDON
BRIAN R. BLACKMAN
Attorneys for Defendant SAFEWAY INC.

27
28
W02-WEST:5BB\404938312.1

-2-

STIP. & ORDER CONTINUING CMC

Case3:11-cv-03003-JSW Document46 Filed04/12/12 Page5 of 5

1

ORDER

2

Having considered the parties' stipulation and good cause appearing, the Court

3 continues the April 20, 2012 Case Management Conference to May 25, 2012 at 1:30 PM in
4 Courtroom 11, 19th Floor. The joint case management statement shall be due on or before
5 May 18, 2012.
6

IT IS SO ORDERED.

7 Dated: April 13 2012
__,
8
9
______________________________________
The Honorable Jeffrey S. White
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
W02-WEST:5BB\404938312.1

-1-

STIP. & ORDER CONTINUING CMC