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)

1
2
3
4
5
6
7
8
9
10
11
12

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
Counsel for Plaintiffs

Attorneys for Defendant
THE HERSHEY COMPANY

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
17
18
19
20

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,

21
22
23
24
25
26
27
28
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
1

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

1

Judgment seeking to prevent Plaintiffs from utilizing a pattern or practice method of proof and

2

dismissal of all claims brought by Plaintiffs Gregory Barnes, David Bolle, and Jerry Chapman

3

(collectively, the “Motions”), ECF 288 & 289;

4
5
6

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

7

limine the day of the hearing on the Motions and submit their other pre-trial filings less than two

8

weeks later, which would require the Parties to draft pre-trial filings and prepare for trial without

9

knowing the scope of trial;

10
11
12

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

13

the Court and the Parties, as well as to obtain a ruling on any motions in advance of trial and

14

related pre-trial deadlines, and the Parties do not seek this continuance for the purpose of delay;

15
16

WHEREAS, all parties and their counsel are available for trial during the weeks of
February 22, 2016 and February 29, 2016;

17

WHEREAS, the Parties agree that this Stipulation and the fact of entering into this

18

Stipulation is without prejudice to any rights, position or arguments the Parties may make in this

19

Action and that nothing in this Stipulation or the fact of entering into this Stipulation shall be

20

construed as an admission by either Party or otherwise prejudice either Party’s position in any

21

further litigation;

22

IT IS HEREBY STIPULATED pursuant to Local Rule 6-2 and 40-1 by and between the

23

Parties hereto, through their respective attorneys of record, to the extension of certain deadlines as

24

follows:

25
26

Event
Final Pretrial Conference

Current Deadline
January 7, 2016

Proposed Deadline
February 11, 2016

27

Trial to Commence

January 19, 2016

February 22, 2016

28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2

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

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2

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

3

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

4

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

5

is true and correct. Executed this 4th day of December, 2015.

6

/s/ Brandon J. Brigham
Brandon J. Brigham

7
8

Dated: December 4, 2015

MORGAN, LEWIS & BOCKIUS LLP

9
By: /s/ Brandon J. Brigham
Brandon J. Brigham

10
11

Attorneys for Defendant
THE HERSHEY COMPANY

12
13

Dated: December 4, 2015

THE BRANDI LAW FIRM

14
By: /s/ Brian J. Malloy
Brian J. Malloy

15
16

Attorneys for Plaintiffs

17
18
19
20
21

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: December __, 2015
8
By:

22

Honorable Charles R. Breyer
United States District Judge

23
24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3

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