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

Filing 32

STIPULATION AND ORDER: Status Conference set for 4/20/12 is continued to 9/7/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. (tdmS, COURT STAFF) (Filed on 3/30/2012)

Case3:11-cv-04758-SC Document31 Filed03/30/12 Page1 of 4

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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 and Chipita America, Inc.

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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, TO MODIFY BRIEFING
SCHEDULE AND TO POSTPONE CASE
MANAGEMENT CONFERENCE
L.R. 6-1(a), 7-12 and 16-2(e)

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Defendants.
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WHEREAS, on September 23, 2011, Plaintiffs Tamar Davis Larsen and Kimberly S.

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Sethavanish (collectively, “Plaintiffs’) filed their “Complaint For Damages, Equitable, Declaratory

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And Injunctive Relief” in the above-captioned Court, alleging claims against defendants Nonni’s

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Foods LLC and Chipita America, Inc. (collectively, “Defendants”) for violations of California

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Business and Professions Code sections 17200 (Unfair Competition Law) and 17500 (False

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Advertising Law) and California Civil Code section 1750 (Consumer Legal Remedies Act), as well

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as claims for common law fraud and restitution; and

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WHEREAS, on November 15, 2011, the parties filed a Second Stipulation to Extend

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Defendants’ Time to Respond to Plaintiffs’ Complaint, thereby granting Defendants an extension to
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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, on November 29, 2011, the parties filed a Third Stipulation to Extend

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Defendants’ Time to Respond to Plaintiffs’ Complaint; and
WHEREAS, on December 21, 2011, the parties filed a Fourth Stipulation to Extend

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Defendants’ Time to Respond to Plaintiffs’ Complaint; and
WHEREAS, the parties now agree to an additional extension of time for Defendants to

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respond to the Complaint, through and including June 15, 2012; and

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WHEREAS, the parties have confirmed their agreement to participate in a private mediation

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beginning on April 30, 2012, which may obviate the need for the Court to decide matters relating to

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Defendants’ response to Plaintiffs’ Complaint; and

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WHEREAS, in light of the parties’ intent to participate in good faith settlement discussions,

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the parties agree that the date of this Court’s Case Management Conference in this matter, currently

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set for April 20, 2012, should be postponed to 10 a.m. on September 7, 2012, in Courtroom #1 (or a

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date near to September 7, 2012), in order to give the parties time to attempt to resolve the dispute

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privately and also to avoid wasting the Court’s time and resources; and
WHEREAS, in light of the foregoing, good causes exists to grant Defendants additional time

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to respond to Plaintiffs’ Complaint and to postpone the Case Management Conference.
IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, through their

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respective attorneys of record, that:
1. Pursuant to Local Rule 6-1, Defendants shall have an extension of time, to and

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including June 15, 2012, to file a response to Plaintiffs’ Complaint;

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2. Defendants will notice any necessary hearing for its response to Plaintiffs’ Complaint

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no earlier than August 10, 2012; and

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

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3. Pursuant to Local Rule 7-12, the following briefing schedule shall apply to
Defendants’ response to Plaintiffs’ Complaint:

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a. Defendants’ responsive pleading to be due June 15, 2012

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b. Plaintiffs’ opposition to be due July 13, 2012

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c. Defendants’ reply to be due July 27, 2012

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DATED: March 30, 2012.

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LAW OFFICES OF JANET LINDNER
SPIELBERG
By:

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

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DATED: March 30, 2012.

KIRKLAND & ELLIS LLP

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By:

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/S/ Beth M. Weinstein
C. Robert Boldt
Beth M. Weinstein
Attorneys for Defendants Nonni’s Foods LLC
and Chipita America, Inc.

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: March 30, 2012.

KIRKLAND & ELLIS LLP

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By:

/S/ Beth M. Weinstein
Beth M. Weinstein

PURSUANT TO STIPULATION IT IS SO ORDERED.

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UNIT
ED

_______________________________
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O ORD

IT IS S

onti

Judge S

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FO

amuel C

NO

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R NIA

United States District Court Judge
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D I S T I C T O US_ACTIVE-107491821.2
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STIPULATION TO EXTEND DEFENDANTS’ TIME TO RESPOND TO COMPLAINT – Case No. 11-CV-04758-SC

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Case3:11-cv-04758-SC Document31 Filed03/30/12 Page4 of 4

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, TO

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MODIFY BRIEFING SCHEDULE AND TO POSTPONE CASE MANAGEMENT

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CONFERENCE with the Clerk of Court using the CM/ECF system, which will automatically send

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email notification of such filing to the following attorneys of record:

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Michael D. Braun
Email: [e-mail]
Janet Lindner Spielberg
Email: [e-mail]

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Joseph N. Kravec, Jr.
Email: [e-mail]
Attorneys for Plaintiffs

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This 30th day of March, 2012.
/S/ Beth M. Weinstein
Beth M. Weinstein

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