Barnes et al v. The Hershey Company
Filing
329
STIPULATION AND ORDER CONTINUING TRIAL re: 325 : Pretrial Conference reset for 2/11/2016 02:30 PM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Jury Selection and Jury Trial reset for 2/22/2016 09:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 12/8/2015. (afmS, COURT STAFF) (Filed on 12/8/2015)
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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: 415.442.1000
Fax: 415.442.1001
Email: dlandy@morganlewis.com
THE BRANDI LAW FIRM
THOMAS J. BRANDI, SBN 53208
BRIAN J. MALLOY, SBN 234882
354 Pine Street, Third Floor
San Francisco, CA 94104
Telephone: 415.989.1800;
Facsimile: 415.707.2024
E-mail: tjb@brandilaw.com
MICHAEL J. PUMA (admitted pro hac vice)
BRANDON BRIGHAM (admitted pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Tel: 215.963.5000
Fax: 215.963.5001
Email: mpuma@morganlewis.com
bbrigham@morganlewis.com
HOBAN & FEOLA, LLC
DAVID C. FEOLA (CO Bar No. 18789)
(admitted pro hac vice)
1626 Wazee Street, Suite 2A
Denver, Colorado 80202
Telephone: 303.674.7000;
Facsimile: 303.382.4685
E-mail: David @Feolalaw.com
Counsel for Plaintiffs
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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SAN FRANCISCO DIVISION
GREGORY P. BARNES, et al.,
Plaintiffs,
vs.
Case No. 12-cv-01334-CRB
STIPULATION AND [PROPOSED]
ORDER CONTINUING TRIAL
THE HERSHEY COMPANY,
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO
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 June 10, 2015, the Court set a trial date of January 19, 2016 and a pretrial
conference for January 7, 2016, ECF 275;
WHEREAS on September 25, 2015, Hershey filed two Motions for Partial Summary
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STIPULATION AND [PROPOSED] ORDER
CONTINUING TRIAL
CASE NO.: 3:12-CV-01334-CRB (NC)
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Judgment seeking to prevent Plaintiffs from utilizing a pattern or practice method of proof and
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dismissal of all claims brought by Plaintiffs Gregory Barnes, David Bolle, and Jerry Chapman
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(collectively, the “Motions”), ECF 288 & 289;
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WHEREAS, the Motions remain pending and a hearing is set for December 18, 2015,
ECF 323;
WHEREAS, based on the current pre-trial schedule, the Parties must serve motions in
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limine the day of the hearing on the Motions and submit their other pre-trial filings less than two
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weeks later, which would require the Parties to draft pre-trial filings and prepare for trial without
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knowing the scope of trial;
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WHEREAS, the Court is unavailable on January 7, 2015, the prior date set for the final
pretrial conference;
WHEREAS, the Parties seek a continuance of trial in order to conserve the resources of
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the Court and the Parties, as well as to obtain a ruling on any motions in advance of trial and
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related pre-trial deadlines, and the Parties do not seek this continuance for the purpose of delay;
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WHEREAS, all parties and their counsel are available for trial during the weeks of
February 22, 2016 and February 29, 2016;
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WHEREAS, the Parties agree that this Stipulation and the fact of entering into this
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Stipulation is without prejudice to any rights, position or arguments the Parties may make in this
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Action and that nothing in this Stipulation or the fact of entering into this Stipulation shall be
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construed as an admission by either Party or otherwise prejudice either Party’s position in any
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further litigation;
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IT IS HEREBY STIPULATED pursuant to Local Rule 6-2 and 40-1 by and between the
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Parties hereto, through their respective attorneys of record, to the extension of certain deadlines as
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follows:
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Event
Final Pretrial Conference
Current Deadline
January 7, 2016
Proposed Deadline
February 11, 2016
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Trial to Commence
January 19, 2016
February 22, 2016
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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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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 4th day of December, 2015.
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/s/ Brandon J. Brigham
Brandon J. Brigham
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Dated: December 4, 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: December 4, 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: December __, 2015
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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)
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