Barnes et al v. The Hershey Company

Filing 275

ORDER,granting 274 STIPULATION WITH PROPOSED ORDER CONTINUING TRIAL filed by The Hershey Company. Jury Selection/Jury Trial set for 1/19/2016 09:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Pretrial Conference set for 1/7/2016 02:30 PM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 6/12/2015. (beS, COURT STAFF) (Filed on 6/12/2015)

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DARYL S. LANDY, State Bar No. 136288
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
Email: [e-mail]

THE BRANDI LAW FIRM
THOMAS J. BRANDI, SBN 53208
BRIAN J. MALLOY, SBN 234882
354 Pine Street, Third Floor
San Francisco, CA 94104
Telephone: [phone];
Facsimile: 415.707.2024
E-mail: [e-mail]

MICHAEL J. PUMA (admitted pro hac vice)
BRANDON BRIGHAM (admitted pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

HOBAN & FEOLA, LLC
DAVID C. FEOLA (CO Bar No. 18789)
(admitted pro hac vice)
1626 Wazee Street, Suite 2A
Denver, Colorado 80202
Telephone: [phone];
Facsimile: 303.382.4685
E-mail: David @Feolalaw.com

Attorneys for Defendant
THE HERSHEY COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Counsel for Plaintiffs

SAN FRANCISCO DIVISION
GREGORY P. BARNES, et al.,
vs.

Plaintiffs,

Case No. 12-cv-01334-CRB
STIPULATION AND ORDER
CONTINUING TRIAL

THE HERSHEY COMPANY,

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Defendant.
Defendant The Hershey Company (“Hershey”) and Plaintiffs (collectively, the “Parties”),
by and through their respective counsel, pursuant to Civil Local Rules 6-2, 7-12, and 40-1 of the
Northern District of California, jointly request an order continuing trial, and aver as follows:
WHEREAS on January 16, 2015, the Court set a trial date of August 17, 2015 and a
pretrial conference for August 4, 2015, ECF 217;

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CONTINUING TRIAL
CASE NO.: 3:12-CV-01334-CRB (NC)

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WHEREAS on March 27, 2015, Hershey filed a Motion for Partial Summary Judgment
seeking dismissal of all claims brought by Plaintiffs David Bolle, Lori DeLaRue, Mary Frazier,
Richard Nelson, Mary Wasson, Mary Weeks, and James Bombeck (collectively, “Release
Plaintiffs”), ECF 150;
WHEREAS on April 3, 2015, Plaintiffs filed a Motion for Partial Summary Judgment
seeking summary judgment on Hershey’s Tenth Affirmative Defense, of waiver, ECF 236;
WHEREAS, the Parties’ cross-Motions remain pending, ECF 268;
WHEREAS, no deadline for summary judgment exists and Hershey has informed
Plaintiffs that it will move for summary judgment on and/or to sever the remaining claims alleged
by Plaintiffs and/or for decertification and Plaintiffs take no position at this time as to the
propriety of those proposed motions and waive no rights or arguments regarding those motions,
WHEREAS, the earliest hearing date for any additional motion is July 17, 2015;
WHEREAS, based on the current pre-trial schedule, the Parties must serve motions in
limine two days prior to that hearing date and submit their other pre-trial filings less than two
weeks later, which would require the Parties to draft pre-trial filings and prepare for trial without
knowing the scope of trial;
WHEREAS, the Parties will promptly engage in discussions, including regarding
mediation, to determine if a resolution of this litigation can be reached upon receiving a ruling on
the pending cross-motions for partial summary judgment, and Hershey will file its remaining
summary judgment motions subsequent to these efforts, in September 2015, Plaintiffs shall have
21 days to file their opposition[s], and Hershey shall have 14 days for its reply(ies);
WHEREAS, the Parties seek a continuance of trial in order to facilitate a potential
resolution of this matter and to conserve the resources of the Court and the Parties, as well as to
provide adequate time to complete expert disclosures and discovery and to obtain a ruling on any
additional motions in advance of trial and related pre-trial deadlines, and the Parties do not seek
this continuance for the purpose of delay;
WHEREAS, Hershey has advised Plaintiffs that due to the seasonal demands of

MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CONTINUING TRIAL
CASE NO.: 3:12-CV-01334-CRB (NC)

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Halloween and the importance of this season to its business, Hershey’s witnesses’ availability is
severely limited in October;
WHEREAS, Plaintiffs’ and Defendant’s counsel have a trial scheduled to begin in this
Court in a separate matter on November 9, 2015, and defense counsel has a federal court trial
scheduled for December 8, 2015 in another matter;
WHEREAS, all parties and their counsel are available for trial during the weeks of
January 18, 2016 through March 14, 2016;
WHEREAS, the Parties agree that this Stipulation and the fact of entering into this
Stipulation is without prejudice to any rights, position or arguments the Parties may make in this
Action and that nothing in this Stipulation or the fact of entering into this Stipulation shall be
construed as an admission by either Party or otherwise prejudice either Party’s position in any
further litigation;
IT IS HEREBY STIPULATED pursuant to Local Rule 6-2 and 40-1 by and between the
Parties hereto, through their respective attorneys of record, to the extension of certain deadlines as
follows:
Event
Affirmative Expert
Disclosures, If Any
Rebuttal Expert
Disclosures
Final Pretrial Conference

Current Deadline
June 12, 2015

Proposed Deadline
July 31, 2015

July 13, 2015

August 28, 2015

August 4, 2015

January 7, 2016

Trial to Commence

August 17, 2015

January 19, 2016

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Pursuant to L.R. 5-1(i)(3) regarding signatures, I, Brandon J. Brigham, attest that

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concurrence in the filing of this document has been obtained from each of the other signatories. I

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declare under penalty of perjury under the laws of the United States of America that the foregoing

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is true and correct. Executed this 10th day of June, 2015.

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/s/ Brandon J. Brigham
Brandon J. Brigham

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CONTINUING TRIAL
CASE NO.: 3:12-CV-01334-CRB (NC)

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Dated: June 10, 2015

MORGAN, LEWIS & BOCKIUS LLP

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By: /s/ Brandon J. Brigham
Brandon J. Brigham

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Attorneys for Defendant
THE HERSHEY COMPANY

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Dated: June 10, 2015

THE BRANDI LAW FIRM

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By: /s/ Brian J. Malloy
Brian J. Malloy

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Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: June 12, 2015

By:

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Honorable Charles R. Breyer
United States District Judge

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
CONTINUING TRIAL
CASE NO.: 3:12-CV-01334-CRB (NC)