Janney et al v. General Mills

Filing 71

STIPULATION AND ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCES, HEARING DATES, AND BRIEFING DEADLINES. (jmdS, COURT STAFF) (Filed on 8/12/2013)

1
2
3
4

CENTER FOR SCIENCE IN THE PUBLIC INTEREST
Stephen Gardner (pro hac vice)
[e-mail]
5646 Milton Street, Suite 714
Dallas, Texas 75206
Telephone:
[phone]
Facsimile:
[phone]

5
6
7
8
9
10
11

Co-Counsel for Plaintiffs Janney and McKendrick
REESE RICHMAN LLP
Michael R. Reese (California State Bar No. 206773)
[e-mail]
875 Avenue of the Americas, 18th Floor
New York, New York 10001
Telephone: [phone]
Facsimile: [phone]
Co-Counsel for Plaintiffs Janney, McKendrick, Bohac and Rojas

12

16

PERKINS COIE LLP
Charles C. Sipos (pro hac vice)
[e-mail]
1201 Third Avenue, 40th Floor
Seattle, Washington 98101
Telephone:
[phone]
Facsimile:
[phone]

17

Counsel for Defendant

13
14
15

18
19
20
21
22
23
24
25
26
27

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
)
JUDITH JANNEY and AMY
MCKENDRICK, on behalf of themselves and )
)
those similarly situated,
)
)
Plaintiffs,
)
)
v.
)
)
)
GENERAL MILLS and DOES 1-20,
)
)
Defendants.
)
)
)

Case No. C12-3919 WHO
STIPULATION AND ORDER GRANTING
CONTINUANCE OF CASE
MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING
DEADLINES
Proposed Date: October 2, 2013
Time: 2:00pm
Courtroom: 2, 17th Floor
Judge: Hon. William H. Orrick

28
1

STIPULATION AND ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING DEADLINES

1
2
3

SEAN BOHAC, on behalf of himself and
those similarly situated,
Plaintiff,

4
5
6

v.
GENERAL MILLS, INC.

7

Defendant.

8
9
10

GABRIEL ROJAS, on behalf of himself
and those similarly situated,

11
12

Plaintiff,
v.

13
GENERAL MILLS, INC.
14
15

Defendant.

) Case No. C12-5280 WHO
)
)
)
)
)
)
)
)
)
)
)
)
)
) Case No. C12-5099 WHO
)
)
)
)
)
)
)
)
)
)
)
)

16
STIPULATION

17
18

Pursuant to Local Civil Rule 7-7(a), it is stipulated between Plaintiffs Judith Janney, Amy

19

McKendrick, Sean Bohac, and Gabriel Rojas (“Plaintiffs”) and Defendant General Mills, Inc.

20

(“Defendant”), by their respective attorneys:

21

1.

On July 23, 2013, Defendant filed a Motion to Stay Proceedings (“Motion to Stay”)

22

in two of the above-captioned related actions (Doc. 66 in Janney; Doc. 28 in Bohac). The

23

hearings on Defendant’s Motions to Stay are currently set for September 4, 2013, at 2:00 p.m.

24
25
26

2.

On July 29, 2013, the Court that the Janney, Bohac, and Rojas matters be related.

The matters are referred to collectively herein as the “Actions.”
3.

A fully briefed Motion to Dismiss is pending in Rojas (Doc. No. 27 in Rojas).

27

Pursuant to the Court’s July 31, 2013, Order Reassigning Case (Doc. 43 in Rojas), the parties have

28

been ordered to re-notice the hearing date for the Rojas Motion to Dismiss on this Court’s
2

STIPULATION AND ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING DEADLINES

1

calendar.

2

4.

3
4

The Case Management Conferences in the Janney and Bohac Actions are currently

set for August 20, 2013 at 2:00 p.m.
5.

The parties propose to consolidate the Case Management Conferences with the

5

hearings on the Motions to Stay in Janney and Bohac, to consolidate the hearing date of the

6

Motion to Dismiss in Rojas with the Motions to Stay in Janney and Bohac, and to extend briefing

7

deadlines for the Motions to Stay in Janney and Bohac.

8
9

6.

Good cause exists to extend the date for hearing Defendant’s Motions to Stay

because both of the undersigned lead counsel for Plaintiffs are on family vacations on September

10

4, 2013, and unable to attend the hearing on that date. In addition, consolidation of the Case

11

Management Conferences and the Motion hearings will conserve judicial resources because they

12

are currently scheduled just two weeks apart and the schedule set at the Case Management

13

Conferences may be affected by the Court’s ruling on the Motion to Stay. There will be further

14

conservation of judicial resources in consolidating the hearings on the Motions to Stay with the

15

hearing on the Motion to Dismiss, as all three motions present similar issues. The parties also

16

propose that the Court permit them additional time to complete briefing on the Motions to Stay.

17

7.

Accordingly, the parties stipulate and request that the Court consolidate and

18

reschedule the Case Management Conferences with the hearings on Defendant’s Motion to Stay,

19

and the hearing on Defendant’s Motion to Dismiss for October 2, 2013, at 2:00 p.m., and permit

20

Plaintiffs to file their opposition to Defendant’s Motion to Stay by August 29, 2013, and

21

Defendant to file its reply in support of its Motion by September 12, 2013.

22

8.

There have been no previous time modifications in the Actions.

23

9.

Other than moving the Case Management Conferences and Motions to Stay hearing

24

dates, the requested extension would have no other effect on any dates set in the Actions.

25

IT IS SO STIPULATED.

26

DATED: August 5, 2013

27

CENTER FOR SCIENCE IN THE
PUBLIC INTEREST

28

By: /s/ Stephen Gardner
3

STIPULATION AND ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING DEADLINES

Stephen Gardner

1

Counsel for Plaintiffs Janney and McKendrick

2
3

REESE RICHMAN LLP

4

By: /s/ Michael R. Reese

5

Michael R. Reese

6

Counsel for Plaintiffs Janney, McKendrick
Bohac, and Rojas

7
8

PERKINS COIE LLP

9

By: /s/ Charles C. Sipos

10

Charles C. Sipos

11

Counsel for Defendant

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

STIPULATION AND ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING DEADLINES

1
2
3
4
5
6

REESE RICHMAN LLP
Michael R. Reese (California State Bar No. 206773)
[e-mail]
875 Avenue of the Americas, 18th Floor
New York, New York 10001
Telephone: [phone]
Facsimile: [phone]
Co-Counsel for Plaintiffs Janney, McKendrick. Bohac and Rojas

7
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13
14
15
16
17
18

)
JUDITH JANNEY and AMY
MCKENDRICK, on behalf of themselves and )
)
those similarly situated,
)
)
Plaintiffs,
)
)
v.
)
)
)
GENERAL MILLS and DOES 1-20,
)
)
Defendants.
)
)
SEAN BOHAC, on behalf of himself and
those similarly situated,
Plaintiff,

19
20
21
22
23

v.
GENERAL MILLS,
Defendant.

Case No. C12-3919 WHO
ORDER GRANTING CONTINUANCE OF
CASE MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING
DEADLINES

) Case No. C12-5280 WHO
)
)
)
)
)
)
)
)
)
)
)
)
)

24
25
26
27
28
1

STIPULATION AND ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING DEADLINES

1
2
3
4
5
6
7

) Case No. C12-5099 WHO
)
)
)
)
Plaintiff,
)
)
v.
)
)
GENERAL MILLS,
)
)
Defendant.
)
___________________________________________ )
GABRIEL ROJAS, on behalf of himself and those
similarly situated,

8
ORDER

9
10
11
12

Pursuant to the stipulation of the parties dated August 5, 2013, the Court ORDERS as
follows:
The Case Management Conferences in the Janney and Bohac actions and hearings on

13

Defendant’s Motions to Stay in those actions shall be held on October 2, 2013, at 2:00 p.m. The

14

hearing on Defendant’s Motion to Dismiss the Rojas action and a Case Management Conference

15

for that action shall also be held on October 2, 2013, at 2:00 p.m.

16

The plaintiffs in Janney and Bohac shall file their oppositions to Defendant’s Motions to

17

Stay by August 29, 2013, and Defendant shall file its reply in support of its Motion by September

18

12, 2013.

19

IT IS SO ORDERED.

20
21

DATED: August 12, 2013

______________________________
William H. Orrick
United States District Judge

22
23
24
25
26
27
28
2

STIPULATION AND ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCES,
HEARING DATES, AND BRIEFING DEADLINES