Jones v. ConAgra Foods, Inc.

Filing 29

ORDER as to 28 STIPULATION WITH PROPOSED ORDER RE EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT AND MODIFYING BRIEFING AND CMC SCHEDULE filed by ConAgra Foods, Inc. Amended Complaint due by 8/17/2012. Responses due by 9/24/2012. Replies due by 10/8/2012. Motion to Dismiss Hearing set for 10/26/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Initial Case Management Conference set for 10/26/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 7/9/2012)

Case3:12-cv-01633-CRB Document28 Filed07/06/12 Page1 of 4

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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))
HOGAN LOVELLS US LLP
4 Embarcadero Ctr., 22nd Floor
San Francisco, California 94111
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]
Robin Wechkin (admitted pro hac vice)
HOGAN LOVELLS US LLP
8426 316th Pl. SE
Issaquah, Washington 98027
Telephone: [phone]
[e-mail]

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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,

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Plaintiff,

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v.
CONAGRA FOODS, INC.,

Case No. 12-cv-1633-CRB
STIPULATION AND [PROPOSED]
ORDER RE EXTENSION OF TIME
TO RESPOND TO AMENDED
COMPLAINT AND MODIFYING
BRIEFING AND CMC SCHEDULE
The Hon. Charles R. Breyer

Defendant.

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STIPULATION AND [PROPOSED] ORDER RE RESPONSE TO AMENDED COMPLAINT,
BRIEFING SCHEDULE AND CMC CASE NO. 12-cv-1633-CRB

Case3:12-cv-01633-CRB Document28 Filed07/06/12 Page2 of 4

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

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

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recitals below;

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WHEREAS Plaintiff Jones filed a Complaint on April 2, 2012, which was served on
ConAgra on April 6, 2012;

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WHEREAS, pursuant to a stipulation providing that ConAgra could respond to the

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Complaint on or before June 11, 2012, ConAgra filed a Motion to Dismiss the Complaint on June

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11, 2012;

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WHEREAS, rather than responding to ConAgra’s Motion to Dismiss, Plaintiff Jones and

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two additional named plaintiffs (Christine Sturges and Ed Ozard) filed an Amended Class Action

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and Representative Action Complaint for Damages, Equitable and Injunctive Relief (“Amended

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Complaint”) on July 2, 2012;

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WHEREAS, pursuant to Rule 15 of the Federal Rules of Civil Procedure, ConAgra’s
response to the Amended Complaint would be due on July 16, 2012;
WHEREAS Defendant anticipates that it may file a Motion to Dismiss in response to
Plaintiff's Amended Complaint;
WHEREAS ConAgra notes that the Amended Complaint, 75 pages in length and asserting

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nine causes of action, adds two new named plaintiffs and alleges new factual claims not set forth

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in the original Complaint;

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WHEREAS, in light of calendar commitments of Defendant’s counsel, and ConAgra’s

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desire for additional time to assess the new material and claims in the Amended Complaint and

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potentially to brief a Motion to Dismiss, the parties have stipulated subject to Court approval that

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ConAgra’s deadline to respond to the Amended Complaint shall be August 17, 2012;

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WHEREAS, in order to permit themselves more time to brief the issues raised by

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ConAgra’s anticipated Motion to Dismiss, and to accommodate counsel’s calendars, the parties

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have agreed, subject to Court approval, to a briefing schedule in connection with the Motion to

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Dismiss whereby the deadlines for each party’s filing will be as set forth below;

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WHEREAS the parties agree that in light of the filing of the Amended Complaint and the
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STIPULATION AND [PROPOSED] ORDER RE RESPONSE TO AMENDED COMPLAINT,
BRIEFING SCHEDULE, AND CMC CASE NO. 12-cv-1633-CRB

Case3:12-cv-01633-CRB Document28 Filed07/06/12 Page3 of 4

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stipulated briefing and hearing scheduled, the Case management Conference currently scheduled

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for August 10, 2012, should be rescheduled to coincide with the date for the anticipated Motion to

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Dismiss hearing date;

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WHEREAS the proposed briefing, hearing and CMC schedule is sought in good faith and
not for purposes of delay;
IT IS HEREBY STIPULATED, by and between the parties through their respective
counsel, that
1. Defendant shall respond to Plaintiffs’ Amended Complaint no later than August 17,
2012;
2. Plaintiffs Opposition papers to any Motion to Dismiss filed by ConAgra shall be filed
no later than September 24, 2012;

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3. Defendant shall file any Reply papers no later than October 8, 2012;

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4. If Defendant moves to dismiss the Amended Complaint, it shall notice such motion for

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hearing on October 26, 2012, or as soon thereafter as the matter may be heard by the

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Court.

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5. The initial Case Management Conference shall be held on October 26, 2012 at 10:00
AM.
IT IS SO STIPULATED.

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Dated: July 6, 2012

HOGAN LOVELLS US LLP

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By:

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

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Dated: July 6, 2012

PRATT & ASSOCIATES
By:

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

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STIPULATION AND [PROPOSED] ORDER RE RESPONSE TO AMENDED COMPLAINT,
BRIEFING SCHEDULE, AND CMC CASE NO. 12-cv-1633-CRB
CASE NO. 12-CV-1633-CRB

Case3:12-cv-01633-CRB Document28 Filed07/06/12 Page4 of 4

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ORDER

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PURSUANT TO STIPULATION, and good cause appearing, the Court orders as follows:

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1. Defendant shall respond to Plaintiffs’ Amended Complaint no later than August 17,

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2012;
2. Plaintiffs Opposition papers to any Motion to Dismiss filed by ConAgra shall be filed
no later than September 24, 2012;

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3. Defendant shall file any Reply papers no later than October 8, 2012;

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4. If Defendant moves to dismiss the Amended Complaint, it shall notice such motion for

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hearing on October 26, 2012 at 10:00 AM, or as soon thereafter as the matter may be
heard by the Court.
5. The initial Case Management Conference shall be held on October 26, 2012 at 10:00
AM.

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IT IS SO ORDERED.

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Honorable Charles R. Breyer
UNITED STATES DISTRICTED
JUDGE

UNIT
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July 9
Dated: _________ , 2012

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I, Robert B. Hawk, attest that Ben F. Pierce Gore has read and approved the Stipulation
And [Proposed] Order Re Extension Of Time To Respond To Amended Complaint And
Modifying Briefing and CMC Schedule and consents to its filing in this action.

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STIPULATION AND [PROPOSED] ORDER RE RESPONSE TO AMENDED COMPLAINT,
BRIEFING SCHEDULE, AND CMC CASE NO. 12-cv-1633-CRB
CASE NO. 12-CV-1633-CRB