Jones v. ConAgra Foods, Inc.

Filing 163

ORDER granting 157 STIPULATION regarding briefing schedule and hearing date filed by Christine Sturges. Reset Deadlines/Hearing as to 138 MOTION to Strike CLASS CLAIMS; 128 MOTION to Certify Class Pls Motion for Class Certification, For Appointment of Class Representative, and For Appointment of Class Counsel, 140 MOTION for Attorney Fees ; 127 MOTION to Sever Pls Notice of Motion & Motion for Severance of Claims of Pls Levi Jones & Edd Ozard. Replies due by 11/8/2013. Motions Hearing reset for 12/13/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 10/23/2013. (beS, COURT STAFF) (Filed on 10/23/2013)

Case3:12-cv-01633-CRB Document157 Filed10/22/13 Page1 of 4

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

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v.

Case No. 12-cv-1633-CRB
STIPULATION AND [PROPOSED]
ORDER SETTING NEW BRIEFING
SCHEDULE AND HEARING DATE
The Hon. Charles R. Breyer

CONAGRA FOODS, INC.,
Defendant.

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

Case3:12-cv-01633-CRB Document157 Filed10/22/13 Page2 of 4

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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 August 7, 2013, Plaintiff filed a Motion for Class Certification (Dkt. No. 128).

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On October 9, 2013, Defendant filed its Response to Plaintiff’s Motion, along with various

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declarations, exhibits, and an Administrative Motion to File Under Seal (Dkt. No. 148-153). The

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Motion for Class Certification was previously set for hearing on November 15, 2013. The Court

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reset the hearing for November 22, 2013 at 10:00 a.m. (See docket entry on October 7, 2013.)

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2.

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new hearing date.

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3.

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Counsel for ConAgra is unavailable on November 22, 2013 and has requested a

Counsel for Plaintiff requests additional time to file the Reply Brief in Support of

the Motion for Class Certification based on the volume of Defendant’s declarations and exhibits.
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Counsel for the parties have conferred and agreed, subject to Court approval, to the

following:
a. The briefing schedule will be modified so that Plaintiff’s Reply Briefs in

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Support of the Motion for Class Certification and Motion to Sever, and

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Defendant’s Reply Briefs in Support of the Motion to Strike and Motion for

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Attorneys’ Fees will be due on November 8, 2013; and

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b. The hearing on all pending motions, including Plaintiffs’ Motion for Class

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Certification and Motion to Sever, and Defendant’s Motion to Strike and

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Motion for Attorneys’ Fees, be continued to December 13, 2013.

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IT IS SO STIPULATED.
Dated: October 22, 2013
By:

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HOGAN LOVELLS US LLP
/s/ Robert B. Hawk
Robert B. Hawk
Attorney for Defendant
CONAGRA FOODS, INC.

Dated: October 22, 2013
By:

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/s/ David Shelton
David Shelton
Attorney for Plaintiffs

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

Case3:12-cv-01633-CRB Document157 Filed10/22/13 Page3 of 4

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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 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

Case3:12-cv-01633-CRB Document157 Filed10/22/13 Page4 of 4

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ORDER

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PURSUANT TO STIPULATION, and good cause appearing, the Court orders that

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Plaintiff’s Reply Briefs in Support of Motion for Class Certification and Motion to Sever, and

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Defendant’s Reply Briefs in Support of the Motion to Strike and Motion for Attorneys’ Fees are

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due November 8, 2013. The Court further orders that the hearing on all pending motions,

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including Plaintiffs’ Motion for Class Certification and Motion to Sever, and Defendant’s Motion

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to Strike and Motion for Attorneys’ Fees, shall be on December 13, 2013 at 10:00 a.m.

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NO

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ERED

_____________________________
O ORD
IT IS S
The Honorable Charles R. Breyer
UNITED STATES DISTRICT COURT
yer
s R. Bre
e Charle
Judg

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October 23
Dated: _______________, 2013

UNIT
ED

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IT IS SO ORDERED.

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