Jones v. ConAgra Foods, Inc.

Filing 24

ORDER re 17 STIPULATION WITH PROPOSED ORDER EXTENDING PAGE LIMIT FOR DEFENDANTS MOTION TO DISMISS CLASS ACTION COMPLAINT filed by ConAgra Foods, Inc... Signed by Judge Charles R. Breyer on 6/11/2012. (beS, COURT STAFF) (Filed on 6/14/2012)

Case3:12-cv-01633-CRB Document17 Filed06/04/12 Page1 of 3

1
2
3
4
5
6
7
8
9
10

Robert B. Hawk (Bar No. 118054)
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]
Douglas M. Schwab (Bar No. 43083)
Benjamin T. Diggs (Bar No. 245904)
HOGAN LOVELLS US LLP
4 Embarcadero Ctr., 22nd Floor
San Francisco, California 94111
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
CONAGRA FOODS, INC.

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15
16

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

17

Plaintiff,

18
19
20

v.

Case No. 12-cv-1633-CRB
STIPULATION AND [PROPOSED]
ORDER EXTENDING PAGE LIMIT
FOR DEFENDANTS’ MOTION TO
DISMISS CLASS ACTION
COMPLAINT

CONAGRA FOODS, INC.,
Defendant.

21
22
23
24
25
26
27
28
STIPULATION AND ORDER EXTENDING PAGE LIMIT;
CASE NO. 12-cv-1633-CRB

Case3:12-cv-01633-CRB Document17 Filed06/04/12 Page2 of 3

1

WHEREAS on April 2, 2012, plaintiff Levi Jones ("Plaintiff") filed a Class Action and

2

Representative Action Complaint for Damages, Equitable and Injunctive Relief ("Complaint")

3

against defendant ConAgra Foods, Inc. ("ConAgra"); and

4
5
6

WHEREAS, pursuant to the parties’ stipulation extending ConAgra’s deadline to respond
to the Complaint, ConAgra’s response to the Complaint is due on or before June 11, 2012; and
WHEREAS, ConAgra has determined that it will file a Motion to Dismiss in response to

7

the Complaint and has done substantial work on a draft of that Motion and supporting

8

memorandum;

9

WHEREAS, because of the length and nature of the Complaint (210 paragraphs, 43 pages

10

plus exhibits, asserting nine separate legal claims concerning three separate ConAgra product

11

lines), ConAgra has concluded that it will need an additional 10 pages for its Motion to Dismiss

12

in order to fairly raise the issues in response that it believes should be raised; and

13
14
15
16

WHEREAS, Plaintiff does not oppose an extension of the page limit for the memorandum
in support of Defendant's Motion to Dismiss to 25 pages;
WHEREAS, Defendant does not oppose a corresponding extension of the page limit for
Plaintiff’s Opposition memorandum to Defendant's Motion to Dismiss to 25 pages;

17

IT IS THEREFORE STIPULATED AND AGREED by the Parties, through their

18

respective counsel of record, that, subject to the Court’s approval, the page limits for the briefing

19

on Defendant’s anticipated Motion to Dismiss should be as follows:

20

(a) Defendant's Motion to Dismiss memorandum shall not exceed 25 pages; and

21

(b) Plaintiff’s Opposition memorandum to Defendant’s Motion to Dismiss shall not

22

exceed 25 pages.

23
24
25

IT IS SO STIPULATED.
Dated: June 4, 2012

HOGAN LOVELLS US LLP

26
27

By:

28

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

1
STIPULATION AND ORDER EXTENDING PAGE LIMIT;
CASE NO. 12-cv-1633-CRB

Case3:12-cv-01633-CRB Document17 Filed06/04/12 Page3 of 3

1
2
Dated: June 4, 2012

PRATT & ASSOCIATES

3
By:

4

/s/ Ben F. Pierce Gore
Ben F. Pierce Gore
Attorneys for Plaintiff
LEVI JONES

5
6
7
8
9
10
11
12

ORDER
PURSUANT TO STIPULATION, and good cause appearing, the page limits for the
briefing on Defendant’s anticipated Motion to Dismiss will be as follows:
(a) Defendant’s Motion to Dismiss shall not exceed 25 pages; and
(b) Plaintiff’s Opposition to Defendant’s Motion to Dismiss shall not exceed 25 pages.

13
PURSUANT TO STIPULATION, IT IS SO ORDERED.

ER

H

21
22

R NIA

er

R. Brey

FO

RT

20

harles
Judge C

NO

19

Honorable Charles R. Breyer ED
ORDER
S SODISTRICT JUDGE
UNITEDISTATES
TI

LI

18

UNIT
ED

17

June 11
Dated: _________ , 2012

S DISTRICT
TE
C
TA

RT
U
O

16

S

15

A

14

N

F
D IS T IC T O
R

C

23
24

I, Robert B. Hawk, attest that Ben F. Pierce Gore has read and approved the Stipulation

25

and [Proposed] Order Extending Page Limit For Defendants’ Motion To Dismiss Class Action

26

Complaint and consents to its filing in this action.

27
28
2
STIPULATION AND ORDER EXTENDING PAGE LIMIT;
CASE NO. 12-cv-1633-CRB