Barnes v. Campbell Soup Co.

Filing 24

ORDER GRANTING 23 STIPULATION Continuing Case Management Conference. Case Management Statement due by 3/15/2013. Initial Case Management Conference set for 3/22/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 1/14/13. (jjoS, COURT STAFF) (Filed on 1/14/2013)

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Case3:12-cv-05185-JSW Document23 Filed01/11/13 Page1 of 4 1 2 3 4 5 6 7 WILLIAM L. STERN (CA SBN 96105) WStern@mofo.com CLAUDIA M. VETESI (CA SBN 233485) CVetesi@mofo.com LISA A. WONGCHENKO (CA SBN 281782) LWongchenko@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant CAMPBELL SOUP COMPANY 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 RYAN BARNES, on behalf of himself and all others similarly situated, Case No. CV12-05185-JSW CLASS ACTION 15 Plaintiff, STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE 16 v. 17 CAMPBELL SOUP COMPANY, [CIVIL L.R. 6-1] 18 Defendant. 19 CMC: Feb. 1, 2013 Time: 1:30 p.m. Judge: Hon. Jeffrey S. White Action Filed: October 5, 2012 20 21 22 23 24 25 26 27 28 STIPULATION CONTINUING CMC CASE NO. CV12-05185-JSW sf-3238212 Case3:12-cv-05185-JSW Document23 Filed01/11/13 Page2 of 4 1 Pursuant to Civil Local Rule 6-1, plaintiff Ryan Barnes, on behalf of himself and all 2 others similarly situated, and defendant Campbell Soup Company (“Campbell”) through their 3 undersigned counsel, hereby stipulate as follows: 4 WHEREAS, this action was filed in this Court on October 5, 2012; 5 WHEREAS, the Court has scheduled the Case Management Conference for February 1, 6 2013 at 1:30 p.m.; 7 WHEREAS, Campbell submitted its Motion to Dismiss the Complaint on December 10, 8 2012, and Plaintiff has chosen to amend the complaint rather than respond to the motion to 9 dismiss; 10 11 WHEREAS, the Court has ordered that Plaintiff shall have until January 17, 2013 to file his First Amended Complaint; 12 WHEREAS, the parties believe that this matter is not ready for an initial Case 13 Management Conference given that Plaintiff’s First Amended Complaint has not been filed and 14 Defendant is unaware of the allegations at issue; 15 WHEREAS, for the convenience of the parties and this Court, the parties respectfully 16 request that the Case Management Conference should be continued to March 22, 2013, because, 17 until the pleadings are settled, it is premature to set dates for further proceedings; 18 IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that 19 pursuant to Local Rule 6-1(b), the Case Management Conference shall be continued to March 22, 20 2013. 21 22 23 24 25 26 27 28 STIPULATION CONTINUING CMC CASE NO. CV12-05185-JSW sf-3238212 1 Case3:12-cv-05185-JSW Document23 Filed01/11/13 Page3 of 4 1 Dated: January 11, 2013 2 WILLIAM L. STERN CLAUDIA M. VETESI LISA A. WONGCHENKO MORRISON & FOERSTER LLP 3 4 By: /s/ William L. Stern WILLIAM L. STERN 5 Attorneys for Defendant CAMPBELL SOUP COMPANY 6 7 8 Dated: January 11, 2013 9 10 Benjamin M. Lopatin THE LAW OFFICES OF HOWARD W. RUBINSTEIN, P.A. One Embarcadero Center, Suite 500 San Francisco, California 94111 11 12 By: /s/ Benjamin M. Lopatin BENJAMIN M. LOPATIN 13 Attorney for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION CONTINUING CMC CASE NO. CV12-05185-JSW sf-3238212 2 Case3:12-cv-05185-JSW Document23 Filed01/11/13 Page4 of 4 1 2 ECF ATTESTATION I, William L. Stern, am the ECF User whose ID and password are being used to file the 3 following: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE 4 MANAGEMENT CONFERENCE. In compliance with General Order 45, X.B., I hereby attest 5 that Benjamin M. Lopatin has concurred in this filing. 6 7 Dated: January 11, 2013 8 WILLIAM L. STERN CLAUDIA M. VETESI LISA A. WONGCHENKO MORRISON & FOERSTER LLP 9 By: /s/ William L. Stern WILLIAM L. STERN 10 11 12 13 14 15 [PROPOSED] ORDER 16 PURSUANT TO STIPULATION, IT IS SO ORDERED. 17 DATED: Jan 14 2013 _____, 18 19 HONORABLE JEFFREY S. WHITE United States District Court Judge 20 21 22 23 24 25 26 27 28 STIPULATION CONTINUING CMC CASE NO. CV12-05185-JSW sf-3238212 3

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