Jones v. ConAgra Foods, Inc.
Filing
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ORDER granting 143 STIPULATION WITH PROPOSED,Reset Hearing as to 138 MOTION to Strike CLASS CLAIMS; 128 MOTION to Certify Class For Appointment of Class Representative, and For Appointment of Class Counsel, Reset Deadl ines 140 MOTION for Attorney Fees <i 127 MOTION to Sever Pls Notice of Motion & Motion for Severance of Claims of Pls Levi Jones & Edd Ozard. Responses due by 10/9/2013. Replies due by 10/30/2013. Motion(s) Hearing reset for 11/22/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 10/2/2013. (beS, COURT STAFF) (Filed on 10/7/2013)
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Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: (408) 369-0800
Fax: (408) 369-0752
pgore@prattattorneys.com
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David W. Shelton (pro hac vice)
ATTORNEY AT LAW
1223 Jackson Avenue East, Suite 202
P.O. Box 2541
Oxford, MS 38655
Telephone: (662) 281-1212
david@davidsheltonpllc.com
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Attorneys for Plaintiff
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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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Plaintiffs,
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v.
STIPULATION AND ORDER
SETTING NEW BRIEFING
SCHEDULE AND HEARING DATE
FOR DEFENDANT’S MOTION TO
STRIKE AND MOTION FOR
ATTORNEY FEES
CONAGRA FOODS, INC.,
The Hon. Charles R. Breyer
Defendant.
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DERED
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IT IS
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AS MO
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UNIT
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S DISTRICT
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Judge C
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Case No. 12-cv-1633-CRB
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LEVI JONES and CHRISTINE STURGES,
individually and on behalf of all others similarly
situated,
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N
D IS T IC T
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OF
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STIPULATION AND [PROPOSED] ORDER SETTING NEW BRIEFING SCHEDULE AND HEARING DATE
CASE NO. 12-cv-1633-CRB
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Plaintiffs and Defendant ConAgra Foods, Inc. (“ConAgra”), by and through their
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respective counsel of record, enter into the following stipulation, based upon the recitals below:
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1.
On September 9, 2013, Defendant filed a Motion to Strike Class Claims (Dkt. No.
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138) (“Motion to Strike”) and a Motion for Attorney Fees (Dkt. No. 140). These motions are set
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for hearing on October 18, 2013 at 10:00 a.m.
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2.
Counsel for the parties have conferred and agreed, subject to Court approval, to
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jointly propose that the briefing schedule and hearing for the Motion to Strike and Motion for
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Attorney Fees be modified to have the same deadlines as those previously set by Court Order
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(Dkt. No. 118) for Plaintiffs’ Motion for Class Certification; specifically, the parties propose that
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Plaintiffs’ oppositions to the Defendant’s Motion to Strike and Motion for Attorney Fees be due
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October 9, 2013, and Defendant’s reply be due October 30, 2013.
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3.
The parties have further agreed, subject to Court approval, that the hearing date for
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Defendant’s Motion to Strike and Motion for Attorney Fees be rescheduled to the same date as
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the hearing on Plaintiffs’ Motion for Class Certification, i.e., November 15, 2013 at 10:00 a.m.
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IT IS SO STIPULATED.
Dated: September 20, 2013
By:
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HOGAN LOVELLS US LLP
/s/ Robert B. Hawk
Robert B. Hawk
Attorney for Defendant
CONAGRA FOODS, INC.
Dated: September 20, 2013
By:
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/s/ David Shelton
David Shelton
Attorney for Plaintiffs
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SIGNATURE ATTESTATION
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I, David Shelton, attest that Robert Hawk, counsel for Defendant, has approved the
Stipulation And [Proposed] Order Setting New Briefing Schedule and Hearing Date For
Defendant’s Motion to Strike and Motion for Attorney Fees and consents to its filing in this
action.
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By:
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/s/ David Shelton
David Shelton
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STIPULATION AND [PROPOSED] ORDER SETTING NEW BRIEFING SCHEDULE AND HEARING DATE
CASE NO. 12-cv-1633-CRB
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ORDER
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PURSUANT TO STIPULATION, and good cause appearing, the Court orders that
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Plaintiffs’ oppositions to Defendant’s Motion to Strike and Motion for Attorney Fees are due
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October 9, 2013, and that Defendant’s replies to the same are due October 30, 2013. The Court
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further orders that the hearing on Defendant’s Motion to Strike, Motion for Attorney Fees and the
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Plaintiff’s Motion to Sever and Motion to Certify Class shall be on November 22, 2013 at 10:00
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a.m. for November 22, 2013 at 10:00 a.m.
IT IS SO ORDERED.
_____________________________
The Honorable Charles R. Breyer
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UNITED STATESO ORDER COURT
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IT IS
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Dated: October 2, 2013
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STIPULATION AND [PROPOSED] ORDER SETTING NEW BRIEFING SCHEDULE AND HEARING DATE
CASE NO. 12-cv-1633-CRB
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