Allen v. ConAgra Foods, Inc.

Filing 255

ORDER granting 254 STIPULATION to reset deadlines re: 244 Renewed MOTION to Certify Class. Reply due by 5/22/2019. Motion Hearing reset for 6/5/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 04/24/2019. (jmdS, COURT STAFF) (Filed on 4/24/2019)

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GUTRIDE SAFIER LLP
ADAM J. GUTRIDE (State Bar No. 181446)
SETH A. SAFIER (State Bar No. 197427)
KRISTEN SIMPLICIO (State Bar No. 263291)
ANTHONY PATEK (State Bar No. 228964)
100 Pine Street, Suite 1250
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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UREKA E. IDSTROM (pro hac vice)
THE EUREKA LAW FIRM
5606 Belinder Road
Fairway, KS 66205
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff and the Proposed Class

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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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ERIN ALLEN, OFELIA FRECHETTE,
SHELLEY HARDER,
DEANA MARR, TAMMIE SHAWLEY,
BRIAN SMITH, AND BETTY VAZQUEZ,
on behalf of themselves and all others
similarly situated,

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CLASS
CERTIFICATION BRIEFING AND
HEARING

Plaintiffs,

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CASE NO. 3:13-CV-01279-WHO

v.
CONAGRA FOODS INC., a Delaware
Corporation,
Defendant.

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STIPULATION REGARDING CLASS CERTIFICATION SCHEDULE

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Pursuant to Civil Local Rule 6-2(b), Plaintiffs and Defendant Conagra Foods Inc., a

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Delaware Corporation (“Defendant), through their undersigned counsel, hereby stipulate as

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follows:

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WHEREAS, Plaintiffs’ filed their renewed motion for class certification on March 1, 2019
(dkt. # 240, 241) and Defendant filed its opposition to that motion on April 1, 2019 (dkt. # 252);
WHERAS, pursuant to this Court’s order during the September 25, 2018 Case

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Management Conference, Plaintiffs’ reply brief is due May 1, 2019 and the hearing is scheduled

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for May15, 2019 at 2:00 p.m.

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WHEREAS, in support of its opposition, Defendant submitted declarations from two
experts, whom Plaintiffs wish to depose prior to filing their reply brief;
WHEREAS, one of those witnesses is based in Dallas, Texas, and due to conflicting
schedules, the soonest mutually agreeable date for his deposition is May 14, 2019;
WHEREAS, the parties have agreed that Plaintiffs’ time to file their reply brief shall be
continued to May 22, 2019, and the hearing should be continued to June 5, 2019 at 2:00 p.m.;

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WHEREAS the extension will not alter the date of any other deadlines in this matter;

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WHEREAS, this is the first extension requested on this motion since September 25, 2018

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Case Management Conference;
IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that

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pursuant to Local Rule 6-1(a), Plaintiffs’ time to file their reply in support of their renewed

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motion for class certification shall be extended from May 1 to May 22, 2019, and the hearing on

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that motion shall be continued from May 15, 2019 to June 5, 2019.

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STIPULATION REGARDING CLASS CERTIFICATION SCHEDULE

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STIPULATED AND AGREED:

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______________________________________

______________________________________

GUTRIDE SAFIER LLP
Adam J. Gutride
Kristen Simplicio
Anthoney Patek
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

ALSTON & BIRD LLP
Angela M. Spivey (pro hac vice)
Andrew Phillips
Jamie George
One Atlantic Center
1201 West Peachtree Street, Suite 4900
Atlanta, GA 30309
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

THE EUREKA LAW FIRM
UREKA E. IDSTROM (pro hac vice)
5606 Belinder Road
Fairway, KS 66205
Telephone: [phone]
Email: [e-mail]

Attorneys for
Conagra Foods, Inc.

Attorneys for
Plaintiffs

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PROPOSED ORDER
Pursuant to Civil Local Rule 6-2(b), and GOOD CAUSE APPEARING THEREFOR, it
is therefore ORDERED that:
Plaintiffs’ time to file their reply in support of their renewed motion for class

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certification shall be extended from May 1 to May 22, 2019, and the hearing on that motion shall

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be continued from May 15, 2019 to June 5, 2019.

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IT IS SO ORDERED.

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DATED: April 24, 2019

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THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE
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STIPULATION REGARDING CLASS CERTIFICATION SCHEDULE

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ATTESTATION OF COMPLIANCE
I, Kristen Simplicio, am the ECF user whose ID and password are being used to file this
document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Andrew Phillips
concurred in this filing.
/s/ Kristen Simplicio

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STIPULATION REGARDING CLASS CERTIFICATION SCHEDULE