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

Filing 34

STIPULATION AND ORDER: 33 STIPULATION and ORDER Extend Defendants' Time to Respond to Plaintiffs' Complaint, and To Postpone Case Management Conference to 11/16/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. (tdm, COURT STAFF) (Filed on 6/8/2012)

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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
Defendants’ Time to Respond to Plaintiffs’ Complaint; and
WHEREAS, on December 21, 2011, the parties filed a Fourth Stipulation to Extend
Defendants’ Time to Respond to Plaintiffs’ Complaint; and
WHEREAS, on March 30, 2012, the parties filed a Fifth Stipulation to Extend Defendants’
Time to Respond to Plaintiffs’ Complaint; and
WHEREAS, the parties now agree to an additional extension of time for Defendants to
respond to the Complaint, through and including September 7, 2012; and
WHEREAS, the parties have participated in private mediation on April 30, 2012, wherein the

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parties reached an agreement in principle, and are working to complete settlement documentation

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and working through related issues, and expect such work to obviate the need for the Court to decide

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matters relating to Defendants’ response to Plaintiffs’ Complaint; and

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WHEREAS, in light of the parties’ continuing work, the parties agree that the date of this

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Court’s Case Management Conference in this matter, currently set for September 7, 2012, should be

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postponed to 10 a.m. on November 16, 2012, in Courtroom #1 (or a date near to November 16,

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2012), in order to give the parties time to attempt to resolve the dispute privately and also to avoid

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wasting the Court’s time and resources; and

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WHEREAS, the parties shall filed with this Court a joint Case Management Statement at

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least 7 days before the Case Management Conference and shall appear in person to the Case

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Management Conference; and

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WHEREAS, in light of the foregoing, good causes exists to grant Defendants additional time
to respond to Plaintiffs’ Complaint and to postpone the Case Management Conference.
IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, through their
respective attorneys of record, that:

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1. No further request shall be made by the parties to extend the time for Defendants to

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respond to Plaintiffs’ Complaint or to postpone the Case Management Conference;

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2. Pursuant to Local Rule 6-1, Defendants shall have an extension of time, to and
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STIPULATION TO EXTEND DEFENDANTS’ TIME TO RESPOND TO COMPLAINT – Case No. 11-CV-04758-SC

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including September 7, 2012, to file a response to Plaintiffs’ Complaint;
3. Defendants will notice any necessary hearing for its response to Plaintiffs’ Complaint
no earlier than October 12, 2012; and
4. 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 September 7, 2012

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b. Plaintiffs’ opposition to be due September 21, 2012

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c. Defendants’ reply to be due September 28, 2012

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DATED: June 7, 2012.

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LAW OFFICES OF JANET LINDNER
SPIELBERG
By:

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DATED: June 7, 2012.

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

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: June 7, 2012.

KIRKLAND & ELLIS LLP

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By:

/S/ Beth M. Weinstein
Beth M. Weinstein
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DERED

O OR
_______________________________
IT IS S
R NIA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

United States Districtamuel Conti Judge
Judge S Court
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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, 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 7th day of June, 2012.
/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