Larsen et al v. Nonni's Foods, LLC et al

Filing 18

STIPULATION AND ORDER Extending Defendants' Time to Respond to Plaintiffs' Complaint and Modifying Briefing Schedule. (tdm, COURT STAFF) (Filed on 12/1/2011)

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Robert Boldt (SB# 180136)
Email: [e-mail]
Beth Marie Weinstein (SB# 252334)
Email: [e-mail]
KIRKLAND & ELLIS LLP
333 S. Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Nonni’s Foods LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAMAR DAVIS LARSEN AND KIMBERLY S.
SETHAVANISH, on behalf of themselves and all
others similarly situated,
Plaintiffs,

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vs.
NONNI’S FOODS LLC AND CHIPITA
AMERICA, INC.,

Case No.: 11-CV-04758-SC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEFENDANTS’
TIME TO RESPOND TO PLAINTIFFS’
COMPLAINT AND TO MODIFY
BRIEFING SCHEDULE
L.R. 6-1(a) and L.R. 7-12

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Defendants.
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WHEREAS, on September 23, 2011, Plaintiffs Tamar Davis Larsen and Kimberly S.
Sethavanish (collectively, “Plaintiffs’) filed their “Complaint For Damages, Equitable, Declaratory
And Injunctive Relief” in the above-captioned Court, alleging claims against defendants Nonni’s
Foods, LLC and Chipita America, Inc. (collectively, “Defendants”) for violations of California
Business and Professions Code sections 17200 (Unfair Competition Law) and 17500 (False
Advertising Law) and California Civil Code section 1750 (Consumer Legal Remedies Act), as well
as claims for common law fraud and restitution; and
WHEREAS, on November 15, 2011, the parties filed a Second Stipulation to Extend
Defendants’ Time to Respond to Plaintiffs’ Complaint, thereby granting Defendants an extension to

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US_ACTIVE-107491821.2

STIPULATION TO EXTEND DEFENDANTS’ TIME TO RESPOND TO COMPLAINT – Case No. 11-CV-04758-SC

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and including November 30, 2011 to respond to the Complaint; and
WHEREAS, the parties now agree to an additional extension of time for Defendants to
respond to the Complaint, through and including January 13, 2012; and
WHEREAS, counsel for Nonni’s Foods LLC is in the process of substituting in as counsel of
record for Chipita America, Inc.; and
WHEREAS, the parties intend to participate in good faith settlement discussions, which may

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obviate the need for the Court to decide matters relating to Defendants’ response to Plaintiffs’

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Complaint; and

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WHEREAS, there is an Initial Status Conference in this matter currently set for January 13,
2012; and
WHEREAS, this extension will not alter the date of any event or any deadline already fixed
by Court order;
WHEREAS, in light of the foregoing, good causes exists to grant Defendants additional time
to respond to Plaintiffs’ Complaint.
IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, through their
respective attorneys of record, that:
1. Pursuant to Local Rule 6-1, Defendants shall have an extension of time, to and
including January 13, 2012, to file a response to Plaintiffs’ Complaint;
2. Defendants will notice any necessary hearing for its response to Plaintiffs’ Complaint
no earlier than March 9, 2012; and
3. Pursuant to Local Rule 7-12, the following briefing schedule shall apply to
Defendants’ response to Plaintiffs’ Complaint:
a. Defendants’ responsive pleading to be due January 13, 2012

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b. Plaintiffs’ opposition to be due February 9, 2012

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c. Defendants’ reply to be due February 23, 2012

_________________________
R NIA

PURSUANT TO STIPULATION IT IS SO ORDERED.

ERED

O ORD

IT IS S

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FO

Jud
United States District Court Judge

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US_ACTIVE-107491821.2

STIPULATION TO EXTEND DEFENDANTS’ TIME TO RESPOND TO COMPLAINT – Case No. 11-CV-04758-SC

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DATED: November 29, 2011.

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LAW OFFICES OF JANET LINDNER
SPIELBERG
By:

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/S/ Janet Lindner
Janet Lindner
Attorney for Plaintiffs Tamar Davis Larsen and
Kimberly S. Sethavanish

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DATED: November 29, 2011.

REED SMITH LLP

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By:

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Donald P. Rubenstein
Heather B. Hoesterey
Attorneys for Defendant Chipita America, Inc.

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DATED: November 29, 2011.

KIRKLAND & ELLIS LLP

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By:

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/S/ Beth M. Weinstein
C. Robert Boldt
Beth M. Weinstein
Attorneys for Defendant Nonni’s Foods LLC

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FILER’S ATTESTATION:
Pursuant to General Order 45, Section X.B regarding signatures, I attest under the penalty of
perjury that the concurrence in the filing of this document has been obtained from its signatories.

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DATED: November 29, 2011.

KIRKLAND & ELLIS LLP

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By:

/S/ Beth M. Weinstein
Beth M. Weinstein

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US_ACTIVE-107491821.2

STIPULATION TO EXTEND DEFENDANTS’ TIME TO RESPOND TO COMPLAINT – Case No. 11-CV-04758-SC

CERTIFICATE OF SERVICE

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I hereby certify that I filed the foregoing STIPULATION AND [PROPOSED] ORDER

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TO EXTEND DEFENDANTS’ TIME TO RESPOND TO PLAINTIFFS’ COMPLAINT AND

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TO MODIFY BRIEFING SCHEDULE with the Clerk of Court using the CM/ECF system, which

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will automatically send email notification of such filing to the following attorneys of record:

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Michael D. Braun
Email: [e-mail]

Heather B. Hoesterey
Email: [e-mail]

Janet Lindner Spielberg
Email: [e-mail]

Attorneys for Defendant Chipita America, Inc.

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Attorneys for Plaintiffs

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This 29th day of November, 2011.

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s/ Beth M. Weinstein
Beth M. Weinstein

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US_ACTIVE-107491821.2

STIPULATION TO EXTEND DEFENDANTS’ TIME TO RESPOND TO COMPLAINT – Case No. 11-CV-04758-SC