Houghtailing v. Frito-Lay North America, Inc. et al

Filing 41

STIPULATION AND ORDER to Continue Entry of Dismissal re 40 . Signed by Judge Thelton E. Henderson on 04/08/2013. (tmi, COURT STAFF) (Filed on 4/9/2013)

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DuCHARME & COHEN
JAMES A. DuCHARME, ESQ., SBN 61002
E-MAIL: [e-mail]
450 Taraval Street, P.M.B. 317
San Francisco, CA 94116-2530
Telephone: [phone]
Facsimile: 888.668.4170
Attorneys for Plaintiff
JESSE HOUGHTAILING
VILLARREAL HUTNER & TODD PC
TRACY S. TODD, ESQ., SBN 172884
E-Mail: [e-mail]
JULIE WONG, ESQ., SBN 247342
E-Mail: [e-mail]
575 Market Street, Suite 300
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415.512.7674
Attorneys for Defendants
FRITO-LAY NORTH AMERICA, INC. and
PEPSICO, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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Plaintiff,

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CASE NO. 3:11-cv-05062-TEH
Judge: Hon. Thelton E. Henderson

JESSE HOUGHTAILING,

v.
FRITO-LAY NORTH AMERICA, INC., and
PEPSICO, INC., AND DOES 1 TO 100,
inclusive,

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STIPULATION AND REQUEST TO
CONTINUE ENTRY OF DISMISSAL;
[PROPOSED] ORDER GRANTING
CONTINUANCE
IT IS SO ORDERED AS MODIFIED
Action Filed: August 24, 2011
Removal Filed: October 14, 2011
Trial Date: None Set

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Defendants.

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{100040742}

CASE NO. 3:11-cv-05062-TEH

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Stipulation to Continue Entry of Dismissal

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TO THIS HONORABLE COURT:

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Plaintiff Jesse Houghtailing (hereinafter "Plaintiff"), by and through his counsel, and Defendants

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Frito-Lay North America, Inc. and Pepsico, Inc. ("Defendants"), by and through their counsel, do hereby

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agree, stipulate, and respectfully request as follows:

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1.

WHEREAS, on November 19, 2012, the court entered its Order of dismissal, 60 days

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following, conditioned upon the performance of the settlement agreement or objection by a party;
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2.

WHEREAS, on February 19, 2013, the Court extended the dismissal deadline to March

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18, 2013.
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3.

WHEREAS, on March 18, 2013, the Court extended the dismissal deadline to April 8,

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WHEREAS, the parties have finalized the wording of the Release and Settlement

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2013.

Agreement, but the consideration has not been exchanged;
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WHEREAS, the parties need additional time to obtain the necessary approval from the

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Workers' Compensation Appeals Board, and believe they will have a finalized agreement no later than

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the end of April, 2013;

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to and including April 19, 2013, and request the Court to so Order.
IT IS SO STIPULATED.

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THE PARTIES HEREBY STIPULATE to continue the currently scheduled Dismissal up

Dated: April 5, 2013

DuCHARME & COHEN

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s/ James A. DuCharme
JAMES A. DuCHARME
Attorneys for Plaintiff
JESSE HOUGHTAILING

By

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CASE NO. 3:11-cv-05062-TEH

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Stipulation to Continue Entry of Dismissal

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Dated: April 5, 2013

VILLARREAL HUTNER & TODD PC

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/s/ Julie Wong
TRACY S. TODD
JULIE WONG
Attorneys for Defendants
FRITO-LAY NORTH AMERICA, INC.
and PEPSICO, INC.

By

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CASE NO. 3:11-cv-05062-TEH

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Stipulation to Continue Entry of Dismissal

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ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING:

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I attest that concurrence in the filing of this document by the signatory James A. Du Charme, has
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been obtained, and that a record of the concurrence shall be maintained by Villarreal Hutner & Todd PC.
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I declare under penalty of perjury pursuant to the laws of the United States of America that the
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foregoing is true and correct.
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Executed at San Francisco, California this 5th day of April, 2013
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/s/ Julie Wong
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Julie Wong

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CASE NO. 3:11-cv-05062-TEH

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Stipulation to Continue Entry of Dismissal

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[PROPOSED] ORDER

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Having considered the foregoing stipulation of the parties, the Court orders the Dismissal

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in the instant matter, Houghtailing v. Frito-Lay North America, Inc., et al., case number 3:11-cv-05062-

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TEH, be continued to April 19, 2013, on the same conditions as this Court’s Order of November 19,

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2012.

ABSOLUTELY no further extensions shall be granted.
IT IS SO ORDERED.

UNIT
ED

04/08
Dated: _________________, 2013

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CASE NO. 3:11-cv-05062-TEH

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Stipulation to Continue Entry of Dismissal