Barnes et al v. The Hershey Company

Filing 82

ORDER granting 81 STIPULATION WITH PROPOSED ORDER filed by The Hershey Company re 63 MOTION to Certify Class PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION AND NOTICE TO PUTATIVE COLLECTI VE ACTION MEMBERS PURSUANT TO 29 U.S.C. § 216(B) Motion Hearing reset for 2/15/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 1/8/2013. (beS, COURT STAFF) (Filed on 1/9/2013)

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DARYL S. LANDY, State Bar No. 136288
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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MICHAEL S. BURKHARDT (admitted pro hac vice)
MICHAEL C. HIGGINS (admitted pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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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, DAVID C.
BOLLE, and MARY D. WASSON, on
their own behalf and on behalf of others
similarly situated
Plaintiffs,

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vs.

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Case No. 3:12-cv-01334-CRB
STIPULATION AND ORDER CHANGING
DATE OF HEARING ON PLAINTIFFS’
MOTION FOR CONDITIONAL
COLLECTIVE ACTION CERTIFICATION
TO FEBRUARY 15, 2013

THE HERSHEY COMPANY,
Defendant.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

DB1/ 72700250.3

STIPULATION AND [PROPOSED] ORDER CHANGING
DATE OF HEARING AND [PROPOSED] ORDER

(12-cv-01334-CRB)

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STIPULATION

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Defendant The Hershey Company (“Hershey”) and Plaintiffs Gregory P. Barnes, David C.

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Bolle, and Mary D. Wasson (“Plaintiffs”), by and through their respective counsel, jointly request

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an order rescheduling the hearing date regarding Plaintiffs’ Motion for Collective Action

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Certification, pursuant to Civil Local Rules 6-2 and 7-12 of the Northern District of California, as

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follows:

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1.

WHEREAS, on November 1, 2012, Plaintiffs Gregory P. Barnes, David C. Bolle,

and Mary D. Wasson (“Plaintiffs”) filed a Notice of Motion For Conditional Certification and

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Notice to Putative Collective Action Members Pursuant to 29 U.S.C. § 216(b) (“Plaintiffs’

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Motion”), Dkt. No. 63. Plaintiffs noticed the Motion for hearing for December 7, 2012.

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2.

WHEREAS, on November 15, 2012, Hershey filed its Memorandum of Points and

Authorities in Opposition to Plaintiffs’ Motion, Dkt. No. 73;

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3.

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Motion, Dkt. 74;

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4.

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WHEREAS, on November 26, 2012, Plaintiffs filed their Reply in Support of their

WHEREAS, on December 3, 2012, the Court rescheduled the hearing on

Plaintiffs’ Motion from December 7, 2012 to January 11, 2013;
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WHEREAS, Mr. Landy’s wife is pregnant and anticipates labor commencing at

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any time, and Mr. Landy, who is responsible for the day-to-day management of this litigation for

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Hershey, will be unavailable to attend the hearing on Plaintiffs’ Motion on the rescheduled date

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or for two weeks thereafter, through January 25, 2013;

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6.

WHEREAS, the Court’s website reflects that Judge Breyer is not available on the

following two Fridays, February 1 and 8, 2013;
7.

WHEREAS, having met and conferred, the parties agree that the Court may

reschedule the hearing without any prejudice to any party;
8.

WHEREAS, the parties have previously stipulated to one request to continue the

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August 3, 2012 case management conference, Dkt. No. 40, and two requests to revise the briefing

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schedules in connection with Hershey’s Motion to Transfer Venue, Dkt. No. 22, and Plaintiffs’
Motion to Compel, Dkt. No. 60;

M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

DB1/ 72700250.3

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STIPULATION AND [PROPOSED] ORDER CHANGING
DATE OF HEARING AND [PROPOSED] ORDER

(12-CV-01334-CRB)

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9.

WHEREAS, the requested rescheduling of the hearing on Plaintiffs’ Motion will

not alter the date of any other event or any deadline already fixed by Court Order;
IT IS HEREBY STIPULATED, pursuant to Local Rule 6-2 by and between the parties

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hereto, through their respective counsel, that the hearing regarding Plaintiffs’ Motion be

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rescheduled from January 11, 2013 to February 15, 2013.

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Dated: January 4, 2013

MORGAN, LEWIS & BOCKIUS LLP

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By: /s/ Daryl S. Landy
Daryl S. Landy

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Attorneys for Defendant
THE HERSHEY COMPANY

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Dated: January 4, 2013

HOBAN & FEOLA, LLC

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By: /s/ David C. Feola
David C. Feola (admitted pro hac vice)

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Attorneys for Plaintiffs
GREGORY P. BARNES, DAVID C.
BOLLE, and MARY D. WASSON

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Pursuant to L.R. 5-1(i)(3) regarding signatures, I, Daryl S. Landy, attest that concurrence

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

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under penalty of perjury under the laws of the United States of America that the foregoing is true

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and correct. Executed this 4th day of January, 2013, at Palo Alto, California.

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/s/ Daryl S. Landy
Daryl S. Landy

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

DB1/ 72700250.3

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JOINT STIPULATED REQUEST FOR ORDER CHANGING
DATE OF HEARING AND [PROPOSED] ORDER

(12-CV-01334-CRB)

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ORDER

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Pursuant to the parties Stipulation and for good cause shown, the January 11, 2013

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hearing on Plaintiffs’ Motion for Collective Action Certification shall be removed from the

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Court’s calendar, and the hearing shall be held on February 15, 2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

Date: January 8, 2013

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Judge C

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Honorable Charles R. Breyer
United States District Court D
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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW
PALO ALTO

DB1/ 72700250.3

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JOINT STIPULATED REQUEST FOR ORDER CHANGING
DATE OF HEARING AND [PROPOSED] ORDER

(12-CV-01334-CRB)