Jones v. ConAgra Foods, Inc.

Filing 145

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: [phone]
Fax: [phone]
[e-mail]

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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: [phone]
[e-mail]

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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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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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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
ED
UNITED STATESO ORDER COURT
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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