Thurston et al v. Bear Naked, Inc.

Filing 22

STIPULATION AND ORDER RE 21 TO TRANSFER VENUE. Signed by Judge Richard Seeborg on 12/12/11. (cl, COURT STAFF) (Filed on 12/12/2011)

*E-Filed 12/12/11*

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JENNER & BLOCK LLP
Kenneth K. Lee (Cal. Bar No. 264296)
[e-mail]
Kelly M. Morrison (Cal. Bar No. 255513)
[e-mail]
633 West 5th Street, Suite 3600
Los Angeles, CA 90071-2054
Phone:
[phone]
Facsimile: [phone]

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Attorneys for Defendant Bear Naked, Inc.

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

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Attorneys for Plaintiffs

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ADDITIONAL COUNSEL LISTED ON
SIGNATURE PAGE

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHANEE THURSTON and LAWRENCE G.
KNOWLES, III, on behalf of themselves and
all others similarly situated,

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Plaintiffs,
vs.
BEAR NAKED, INC.,

No. CV 11-4678-RS
STIPULATION AND [PROPOSED]
ORDER TO TRANSFER VENUE
Judge: Hon. Richard Seeborg
Action Filed: September 21, 2011

Defendant.

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STIPULATION AND [PROPOSED] ORDER TO TRANSFER VENUE

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Plaintiffs Chanee Thurston and Lawrence G. Knowles, III, and Defendant Bear Naked, Inc.,

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enter into this stipulation requesting this Court to transfer this action to the Southern District of

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California and agreeing that the briefing and discovery schedule for this case should be coordinated

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and consistent with that in Bates v. Kashi Company, No. 11-1967 (S.D. Cal.). In entering into this

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stipulation, the parties state that:

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1.

On September 21, 2011, Plaintiffs filed the Complaint in this action. Plaintiffs

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simultaneously filed a Notice of Related Cases, identifying Sethavanish v. Kashi Company, N.D.

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Cal. Case No. 4:11-cv-04453-CW. At that time, a case substantially similar to Sethavanish, titled

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Bates v. Kashi Company, No. 11-1967 (S.D. Cal.), was already pending in the Southern District of

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California before the Honorable Marilyn L. Huff. All three cases, including this action, involve

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allegations regarding “all natural” food labels. The deadline to respond to or answer the complaint

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in this action is January 4, 2012.

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2.

On October 12, 2011, the Sethavanish plaintiffs voluntarily dismissed their lawsuit in

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the Northern District of California and re-filed their complaint in the Southern District of California,

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where the case was assigned to Judge Huff.

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3.

On November 10, 2011, Defendant filed a Motion to Transfer this case to the

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Southern District of California, stating that there are six substantially similar “all natural” Kashi

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cases, including Bates and Sethavanish, pending in that District. In the time since Defendant filed its

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Motion to Transfer, all six Kashi cases have been transferred to Judge Huff and have been

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consolidated, with the Bates v. Kashi Company designated as the lead case.

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4.

On November 23, 2011, the parties filed a Stipulation to Continue the Briefing and

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Hearing Schedule on Defendant’s Motion to Transfer, indicating their intent to resolve Defendant’s

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motion without court intervention. The Court granted the extension that same day.

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5.

The parties agree that this case should not be consolidated with the Kashi cases since

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they involve different defendant entities and different product lines. Neither party will seek

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consolidation of this case with the Kashi cases.

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6.

Because Defendant Bear Naked is a subsidiary of Kashi, the parties believe that to

some extent coordination (as opposed to consolidation) of this case with the consolidated “all
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STIPULATION AND [PROPOSED] ORDER TO TRANSFER VENUE

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natural” Kashi cases could save judicial and party resources. Accordingly, the parties request that

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this case be transferred to Judge Huff in the Southern District of California and stipulate that the

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briefing and discovery schedule be coordinated and consistent with that in Bates v. Kashi Company.

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The parties agree that the deadline to answer or otherwise respond to the complaint be continued

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from January 4, 2012 to March 4, 2012 to provide the Southern District of California an opportunity

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to coordinate the briefing and discovery schedule.

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7.

Plaintiff reserves the right to seek transfer back to the Northern District of California

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if, after transfer to the Southern District of California, this case is not assigned to the same judge as

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or coordinated with the Kashi cases as set forth by this Stipulation. Defendant reserves its right to

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oppose any motion to transfer back to the Northern District of California.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the

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Court’s approval, that this case shall be transferred to Judge Huff in the Southern District of

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California, for purposes of coordination with Bates v. Kashi Company, No. 11-1967 (S.D. Cal.).

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STIPULATION AND [PROPOSED] ORDER TO TRANSFER VENUE

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Dated: December 12, 2011

Dated: December 12, 2011

JENNER & BLOCK LLP

STEMBER FEINSTEIN
DOYLE & PAYNE, LLC

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_/s Kenneth K. Lee_________________
By: Kenneth K. Lee

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Attorneys for Defendant

_/s Joseph N. Kravec, Jr.________________
By: Joseph N. Kravec, Jr.
Attorneys for Plaintiffs

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JENNER & BLOCK LLP
Kenneth K. Lee (Cal. Bar No. 264296)
[e-mail]
Kelly M. Morrison (Cal. Bar No. 255513)
[e-mail]
633 West 5th Street, Suite 3600
Los Angeles, CA 90071-2054
Phone:
[phone]
Facsimile: [phone]

Joseph N. Kravec, Jr. (pro hac vice)
Wyatt A. Lison (pro hac to be filed)
Maureen Davidson-Welling (pro hac to be filed)
STEMBER FEINSTEIN
DOYLE & PAYNE, LLC
429 Forbes Avenue, 17th Floor
Pittsburgh, PA 15219
Phone: [phone]
Fax: [phone]

JENNER & BLOCK LLP
Dean N. Panos (applying pro hac vice)
[e-mail]
Richard P. Steinken (applying pro hac vice)
[e-mail]
353 N. Clark Street
Chicago, IL 60654-3456
Phone:
[phone]
Facsimile: [phone]

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]
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]

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION AND 28 U.S.C. 1404(a), IT IS ORDERED that this action be

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transferred to the Southern District of California and that the deadline to answer or otherwise

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respond to the complaint is continued from January 4, 2012 to March 4, 2012.

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DATED: December ___, 2011
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______________________________

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The Honorable Richard Seeborg
U.S. District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO TRANSFER VENUE