Barnes v. Campbell Soup Co.

Filing 43

ORDER GRANTING 40 STIPULATION CONTINUING THE MEDIATION DEADLINE.. Signed by Judge Jeffrey S. White on 4/30/13. (jjoS, COURT STAFF) (Filed on 4/30/2013)

Case3:12-cv-05185-JSW Document40 Filed04/29/13 Page1 of 4

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WILLIAM L. STERN (CA SBN 96105)
[e-mail]
CLAUDIA M. VETESI (CA SBN 233485)
[e-mail]
LISA A. WONGCHENKO (CA SBN 281782)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
CAMPBELL SOUP COMPANY

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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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RYAN BARNES, on behalf of himself and all
others similarly situated,

Case No. CV12-05185-JSW
CLASS ACTION

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Plaintiff,

STIPULATION AND [PROPOSED]
ORDER CONTINUING THE
MEDIATION DEADLINE

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v.
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CAMPBELL SOUP COMPANY,

[CIVIL L.R. 6-1]

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Defendant.
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Judge: Hon. Jeffrey S. White
Action Filed: October 5, 2012

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STIPULATION CONTINUING MEDIATION
CASE NO. CV12-05185-JSW
sf-3279585

Case3:12-cv-05185-JSW Document40 Filed04/29/13 Page2 of 4

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Pursuant to Civil Local Rule 6-1, plaintiff Ryan Barnes, on behalf of himself and all

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others similarly situated, and defendant Campbell Soup Company (“Campbell”) through their

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undersigned counsel, hereby stipulate as follows:

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WHEREAS, this action was filed in this Court on October 5, 2012;

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WHEREAS, the parties filed a stipulation selecting mediation on January 11, 2013,

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requesting 90 days from the date Defendant files a responsive pleading to hold the mediation, and

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the Court approved the stipulation on January 14, 2013;

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WHEREAS, upon reviewing the First Amended Complaint, Defendant chose to file a
motion to dismiss on January 17 rather than answer the complaint;

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WHEREAS, Plaintiff decided to amend the complaint once again, and Defendant filed a
motion to dismiss the Second Amended Complaint (SAC) on April 15, 2013;

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WHEREAS, the parties believe that this matter is not ready for mediation given that the

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briefing on the motion to dismiss the SAC is not yet complete and the pleadings are not yet

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settled;

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WHEREAS, in the interest of efficiency the parties request that the Court extend the

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deadline to hold the mediation to 90 days from the date the Court rules on Defendant’s motion to

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dismiss the SAC because any mediation will greatly benefit from having the pleadings settled;

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IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that

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pursuant to Local Rule 6-1(b), the deadline to hold the mediation session is 90 days from the date

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the Court rules on the motion to dismiss the SAC.

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Dated: April 29, 2013

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP
By: /s/ William L. Stern
WILLIAM L. STERN

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Attorneys for Defendant
CAMPBELL SOUP COMPANY

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STIPULATION CONTINUING MEDIATION
CASE NO. CV12-05185-JSW
sf-3279585

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Case3:12-cv-05185-JSW Document40 Filed04/29/13 Page3 of 4

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Dated: April 29, 2013

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Benjamin M. Lopatin
THE LAW OFFICES OF HOWARD W.
RUBINSTEIN, P.A.
One Embarcadero Center, Suite 500
San Francisco, California 94111

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By: /s/ Benjamin M. Lopatin
BENJAMIN M. LOPATIN

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Attorney for Plaintiff

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STIPULATION CONTINUING MEDIATION
CASE NO. CV12-05185-JSW
sf-3279585

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Case3:12-cv-05185-JSW Document40 Filed04/29/13 Page4 of 4

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ECF ATTESTATION
I, William L. Stern, am the ECF User whose ID and password are being used to file the

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following: STIPULATION AND [PROPOSED] ORDER CONTINUING THE

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MEDIATION DEADLINE. In compliance with General Order 45, X.B., I hereby attest that

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Benjamin M. Lopatin has concurred in this filing.

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Dated: April 29, 2013

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

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By: /s/ William L. Stern
WILLIAM L. STERN

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: April 30 2013
_____,

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HONORABLE JEFFREY S. WHITE
United States District Court Judge

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STIPULATION CONTINUING MEDIATION
CASE NO. CV12-05185-JSW
sf-3279585

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