In Re Clorox Consumer Litigation
Filing
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STIPULATION AND ORDER Extending Time for Defendant to Respond to the Consolidated Complaint to 5/16/12. If Deft moves to Dismiss the Motion to Dismiss Hearing is set for 8/10/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. The Consolidated Case Management Conference set for 9/7/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 4/19/12. (tdm, COURT STAFF) (Filed on 4/19/2012)
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JENNER & BLOCK LLP
Kenneth K. Lee (Cal. Bar No. 264296)
klee@jenner.com
Kelly M. Morrison (Cal. Bar No. 255513)
kmorrison@jenner.com
633 West 5th Street, Suite 3600
Los Angeles, CA 90071-2054
Phone:
(213) 239-5100
Facsimile: (213) 239-5199
JENNER & BLOCK LLP
Dean N. Panos (pro hac vice)
dpanos@jenner.com
353 N. Clark Street
Chicago, IL 60654-3456
Phone:
(312) 222-9350
Facsimile: (312) 527-0484
Attorneys for Defendant
The Clorox Company
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Master File No. 3:12-cv-00280-SC
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IN RE CLOROX CONSUMER LITIGATION
_____________________________________
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This Document Relates To:
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All Actions
JOINT STIPULATION TO EXTEND
TIME FOR DEFENDANT TO RESPOND
TO CONSOLIDATED COMPLAINT;
PROPOSED ORDER
Action Filed: January 23, 2012
Consolidated Class Action Complaint Filed:
April 11, 2012
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
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This stipulation is entered into by and between Plaintiffs Megan Sterritt, Kristin Luszcz, Lori
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Kowalewski, Tina Butler-Furr, Catherine Lenz, Susan Doyle, and Jose Segarra (collectively,
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“Plaintiffs”), and Defendant The Clorox Company (“Clorox” or “Defendant”), through their
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respective counsel of record, with reference to the following facts:
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1.
On March 6, 2012, the Court approved a stipulation consolidating the various putative
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class action lawsuits filed against Clorox relating to the Fresh Step cat litter, and designating the
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complaint filed in the case styled Luszcz v. The Clorox Company as the operative complaint in this
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action (“Complaint”).
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2.
On March 21, 2012, Clorox filed a motion to dismiss the Complaint.
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3.
On April 11, 2012, Plaintiffs filed an amended Consolidated Class Action Complaint
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(“Consolidated Complaint”) pursuant to Rule 15 of the Federal Rules of Civil Procedure.
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Under Rule 15, Clorox’s response to the Consolidated Complaint must be filed on or
before April 25, 2012.
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The Consolidated Complaint includes new factual allegations as well as legal causes
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of actions not raised in the previously filed Complaint, which demand significant analysis on the part
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of Clorox.
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6.
In light of the new issues raised in the Consolidated Complaint, Defendant and
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Plaintiffs agree to extend the time for Defendant to respond to the Consolidated Complaint by 21
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days from April 25, 2012, to May 16, 2012.
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7.
Further, in the event that Clorox moves to dismiss the Consolidated Complaint,
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Defendant and Plaintiffs agree to extend the deadline for Plaintiffs to file their response to Clorox’s
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motion to dismiss by 16 days from May 30, 2012, to June 15, 2012. Clorox will file a reply brief by
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June 29, 2012. The hearing on Clorox’s motion to dismiss will be set for August 10, 2012 at 10:00
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a.m. in Courtroom 1.
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8.
In light of the above-referenced schedule, the parties agree that all presently-set Case
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Management Conferences should be taken off-calendar, and a new Conference should be set
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following the hearing on Clorox’s motion to dismiss.
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the
Court’s approval, that:
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1.
Clorox shall respond to the Consolidated Complaint no later than May 16, 2012;
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2.
In the event Clorox files a motion to dismiss, Plaintiffs shall file their response to
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Clorox’s motion to dismiss no later than June 15, 2012, Clorox will file a reply brief by June 29,
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2012, and the hearing on Clorox’s motion to dismiss shall be set for August 10, 2012 at 10:00 a.m.
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in Courtroom 1;
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3.
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All presently-set Case Management Conferences in the consolidated actions shall be
taken off-calendar; and
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The Court will hold a Case Management Conference on September 7, 2012 at 10:00
a.m. in Courtroom 1. The parties shall file a joint statement seven days prior to the Conference.
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Dated: April 19, 2012
JENNER & BLOCK LLP
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_/s Kenneth K. Lee_________________
By: Kenneth K. Lee
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Attorneys for Defendant The Clorox Company
Dated: April 19, 2012
ROBBINS GELLER RUDMAN AND
DOWD LLP
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_/s/_Mark Dearman____________________
By: Mark Dearman
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Attorneys for Plaintiffs
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: April 19 2012
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ED
ORDER
NO
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R NIA
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________________________________
IT IS S
The Honorable Samuel Conti
United States District muel Conti
Court Judge
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
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