Larsen et al v. Trader Joe's Company

Filing 51

ORDER setting Motion for Class Certification March 1, 2013. Opposition to Motion for Class Certification March 29, 2013, Reply in Support of Motion for Class Certification April 12, 2013 Hearing on Motion for Class Certification April 26, 2013, Motio ns terminated: 50 STIPULATION WITH PROPOSED ORDER (Joint Administrative Motion for Case Management Order) filed by Aran Eisenstat, Tamar Davis Larsen. Motion Hearing set for 4/26/2013 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston.. Signed by Judge Susan Illston on 10/3/12. (tfS, COURT STAFF) (Filed on 10/4/2012)

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Joseph N. Kravec, Jr. (admitted pro hac vice)
Wyatt A. Lison (admitted pro hac vice)
STEMBER FEINSTEIN DOYLE
PAYNE & KRAVEC, LLC
Allegheny Building, 17th Floor
429 Forbes Avenue
Pittsburgh, PA 15219
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

Carla Christofferson (Bar No. 161111)
Margaret A. Moeser (Bar No. 253177)
Kate Ides (Bar No. 274820)
O’MELVENY & MYERS, LLP
400 South Hope Street
Los Angeles, CA 90071-2899
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Michael D. Braun (Bar No. 167416)
BRAUN LAW GROUP, P.C.
10680 W. Pico Blvd., Suite 280
Los Angeles, CA 90064
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Randall W. Edwards (Bar No. 179053)
O’MELVENY & MYERS, LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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]
Email: [e-mail]

ATTORNEYS FOR DEFENDANT

ATTORNEYS FOR PLAINTIFFS
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
TAMAR DAVIS LARSEN AND ARAN
EISENSTAT, on behalf of themselves and all
others similarly situated,
Plaintiffs,

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CASE NO.: 3:11-cv-05188-SI
CLASS ACTION
[PROPOSED] STIPULATED CASE
MANAGEMENT ORDER

v.
TRADER JOE’S COMPANY, a California
Corporation,
Defendant.

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[Proposed] Stipulated Case Management Order; Case No.: 3:11-cv-05188-SI

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Pursuant to Local Rules 7-11(a) and 7-12, Plaintiffs Tamar Davis Larsen and Aran Eisenstat

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and Defendant Trader Joe’s Company (collectively, the “Parties”), submit this Proposed Stipulated

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Case Management Order.

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WHEREAS, Plaintiffs filed the operative Second Amended Complaint (Dkt. 33) on March
23, 2012;

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WHEREAS, also on March 23, 2012, the Case Management Conference took place.

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Although the Court issued Civil Pretrial Minutes (Dkt. 34) allowing Plaintiffs to further amend their

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complaint and setting a briefing schedule for Defendant’s motion to dismiss, the Court did not sign

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the Proposed Order on Joint Case Management Conference or set deadlines for any events following

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a ruling on Defendant’s motion to dismiss;
WHEREAS, Defendant filed its Motion to Dismiss the Second Amended Complaint (Dkt.
38) on April 20, 2012;
WHEREAS, the Court granted in part and denied in part Defendant’s Motion to Dismiss by
Order (Dkt. 41) dated June 14, 2012;
WHEREAS, Defendant filed its Answer and Defenses to Plaintiffs’ Second Amended
Complaint (Dkt. 43) on June 29, 2012;

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WHEREAS, on July 10, 2012, the Parties participated in a private mediation;

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WHEREAS, following the private mediation, the Parties continued to engage in settlement

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discussions during July and August. The Parties negotiated in good faith, but so far have been

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unable to reach a settlement. After mediation, the Parties began to engage in discovery;

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WHEREAS, the Parties have conferred and request the Court enter a scheduling order setting

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dates relating to class certification in this matter and deferring all other pre-trial scheduling until

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after the Court decides the issue of class certification. The Parties’ proposed schedule accounts for

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both first party discovery of Plaintiffs and Defendant, as well as the anticipated third-party discovery

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of Defendant’s product suppliers, the ingredient suppliers for the products at issue, and any

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necessary expert discovery for the purpose of class certification;

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[Proposed] Stipulated Case Management Order; Case No.: 3:11-cv-05188-SI

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NOW, THEREFORE, the Parties hereby stipulate, by and through their respective attorneys

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of record and respectfully request that the Court enter this Proposed Stipulated Case Management

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Order setting forth the following briefing schedule for class certification:

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EVENT
Motion for Class Certification
Opposition to Motion for Class Certification
Reply in Support of Motion for Class
Certification
Hearing on Motion for Class Certification
*Merits Discovery Cutoff

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April 26, 2013

*Expert Reports
*Expert Discovery Cutoff
*Dispositive Motion Cutoff
*Other Motion Cutoff (Other than Motions in
Limine)
* Pretrial Conference (hearing on Motions in
Limine, agreed jury instructions and verdict
forms, proposed voir dire questions)
* Pre-Trial Briefs

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PROPOSED DEADLINE
March 1, 2013
March 29, 2013
April 12, 2013

*Trial Date

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* The Court will set a Case Management Conference following its ruling on the motion for class
certification to schedule all additional class, merits, and other remaining pre-trial proceedings.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: October 1, 2012

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By: s/ Joseph N. Kravec, Jr.

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JOSEPH N. KRAVEC, JR.
WYATT A. LISON
MICHAEL D. BRAUN
JANET LINDNER SPIELBERG

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Attorneys for Plaintiffs
TAMAR DAVIS LARSEN AND ARAN
EISENSTAT

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[Proposed] Stipulated Case Management Order; Case No.: 3:11-cv-05188-SI

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DATED: October 1, 2012

By:

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CARLA CHRISTOFFERSON
MARGARET A. MOESER
KATE IDES
RANDALL W. EDWARDS
Attorneys for Defendant
TRADER JOE’S COMPANY

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s/ Randall W. Edwards via consent

I hereby attest that the concurrence in the filing of this document has been obtained by the
above signatory indicated on the conformed signature (/s/) within this efiled document.

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s/ Joseph N. Kravec, Jr.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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10/3
DATED: __________________, 2012
_______________________________________
The Honorable Susan Illston
United States District Judge

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[Proposed] Stipulated Case Management Order; Case No.: 3:11-cv-05188-SI