Jones v. ConAgra Foods, Inc.

Filing 118

ORDER granting 117 STIPULATION WITH PROPOSED ORDER SETTING NEW BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by ConAgra Foods, Inc. Motions for class certification due by 8/7/2013. Responses due by 10/9/2013. Replies due by 10/30/2013. Motion Hearing set for 11/15/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 7/9/2013. (beS, COURT STAFF) (Filed on 7/9/2013)

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Robert B. Hawk (Bar No. 118054)
Stacy R. Hovan (Bar No. 271485)
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]

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Douglas M. Schwab (Bar No. 43083))
HOGAN LOVELLS US LLP
4 Embarcadero Ctr., 22nd Floor
San Francisco, California 94111
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]

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Robin Wechkin (admitted pro hac vice)
HOGAN LOVELLS US LLP
8426 316th Pl. SE
Issaquah, Washington 98027
Telephone: [phone]
[e-mail]
Attorneys for Defendant
CONAGRA FOODS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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LEVI JONES, CHRISTINE STURGES,
and EDD OZARD, individually and on
behalf of all others similarly situated,
Plaintiffs,

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v.
CONAGRA FOODS, INC.,

Case No. 12-cv-1633-CRB
STIPULATION AND ORDER
SETTING NEW BRIEFING
SCHEDULE FOR PLAINTIFFS’
MOTION FOR CLASS
CERTIFICATION
The Hon. Charles R. Breyer

Defendant.

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STIPULATION AND [PROPOSED] ORDER SETTING NEW BRIEFING SCHEDULE
CASE NO. 12-cv-1633-CRB

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Plaintiffs and Defendant ConAgra Foods, Inc. (“ConAgra”), by and through

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their respective counsel of record, enter into the following stipulation, based upon

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the recitals below:

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1.

Pursuant to the Court’s April 29, 2013 Order granting the parties’

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stipulation regarding scheduling (Dkt. 104), Plaintiffs’ motion for class

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certification is due July 8, 2013, any opposition or response is due

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September 9, 2013, any reply is due September 23, 2013, and the Class

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Certification Hearing is set for October 18, 2013 at 10:00 a.m.

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2.

On July 2, 2013, Plaintiffs filed an Ex Parte Application To Modify

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Briefing Schedule On Plaintiffs’ Motion For Class Certification (Dkt. 116)

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seeking to extend all deadlines relating to the class certification motion by

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45 days so that Plaintiffs would have sufficient time to review and evaluate

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corrections to Stephanie Kensicki’s testimony and determine how to respond.

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3.

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deposition to address the corrections to her deposition testimony, if Plaintiffs

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desire, ConAgra has agreed to make Ms. Kensicki available promptly for a

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deposition (possibly via telephone) to address such corrections.

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4.

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approval, to jointly propose that the briefing schedule be modified so that

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Plaintiffs’ motion for class certification is due August 7, 2013, ConAgra’s

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opposition is due October 9, 2013, and Plaintiffs’ reply is due October 30,

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2013.

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5.

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that the hearing date for Plaintiffs’ motion for class certification be

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rescheduled to November 15, 2013.

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IT IS SO STIPULATED.

In order to facilitate the parties’ ability to reconvene Ms. Kensicki’s

Counsel for the parties have conferred and agreed, subject to Court

The parties have agreed, subject to Court approval, to jointly propose

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STIPULATION AND [PROPOSED] ORDER SETTING NEW HEARING DATE;
CASE NO. 12-cv-1633-CRB

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Dated: July 3, 2013

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HOGAN LOVELLS US LLP
By:

/s/ Robert B. Hawk
Robert B. Hawk
Attorneys for Defendant
CONAGRA FOODS, INC.

By:

/s/ David Shelton
David Shelton
Attorneys for Plaintiffs

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Dated: July 3, 2013

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I, Robert B. Hawk, attest that David Shelton has approved the Stipulation
And [Proposed] Order Setting New Briefing Schedule For Plaintiffs’ Motion For
Class Certification and consents to its filing in this action.

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STIPULATION AND [PROPOSED] ORDER SETTING NEW BRIEFING SCHEDULE
CASE NO. 12-cv-1633-CRB
\\029207/000022 - 1058877 v2

ORDER

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PURSUANT TO STIPULATION, and good cause appearing, the Court

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orders that Plaintiffs’ motion for class certification is due August 7, 2013,

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ConAgra’s opposition is due October 9, 2013, and Plaintiffs’ reply is due

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October 30, 2013. The Court further orders that the hearing on Plaintiffs’ Motion

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for Class Certification shall be on November 15, 2013 at 10:00 a.m.

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IT IS SO ORDERED.
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_____________________________
ERED
O ORD
IT IS S
The Honorable Charles R. Breyer
UNITED STATES DISTRICT COURT

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Dated: July 9, 2013

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STIPULATION AND [PROPOSED] ORDER SETTING NEW HEARING DATE;
CASE NO. 12-cv-1633-CRB