Allen v. ConAgra Foods, Inc.

Filing 72

STIPULATION AND ORDER re 71 Stipulation and Scheduling Order filed by Erin Allen. Discovery due by 3/30/2015. Motions due by 8/11/2014. Signed by Judge Vince Chhabria on 5/2/2014. (knm, COURT STAFF) (Filed on 5/5/2014)

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STEVE W. BERMAN (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
ELAINE T. BYSZEWSKI (SBN 222304)
LEE M. GORDON (SBN 174168)
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Avenue, Suite 203
Pasadena, CA 91101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
-andUREKA E. IDSTROM (pro hac vice)
THE EUREKA LAW FIRM
5606 Belinder Road
Fairway, KS 66205
Telephone: [phone]
E-mail: [e-mail]
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, on behalf of herself and all
others similarly situated,

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Plaintiff,
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vs.
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CONAGRA FOODS INC., a Delaware
corporation,
Defendant.

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STIPULATION AND [PROPOSED] SCHEDULING ORDER

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) Case Number: 3:13-CV-01279-VC
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) STIPULATION AND [PROPOSED]
) SCHEDULING ORDER
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Plaintiff Erin Allen (“Plaintiff”), and Defendant ConAgra Foods, Inc. (“Defendant”)
hereby stipulate and agree as follows:
WHEREAS, on January 3, 2014, the Court entered an Order setting the class
certification briefing schedule and other case dates initially proposed by the parties;
WHEREAS, on March 4, 2014, the Court entered a Stipulated Order Re: ESI protocol,

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which governs the ESI discovery protocol in this case;
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WHEREAS, the parties have been diligently engaged in the ESI discovery process;
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WHEREAS, Defendant has encountered technical difficulties in compiling and
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producing some of the ESI in response to Plaintiff’s discovery requests;
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WHEREAS, Plaintiff also sought to depose Defendant and Defendant’s employees in
or by May 2014, but relevant personnel were not reasonably available until June 2014; and
WHEREAS, the parties have met and conferred with each other regarding the
foregoing scheduling issues, and in the interests of judicial economy, the parties seek entry of a
Scheduling Order that continues and adjusts the current class certification briefing schedule
and other case dates by six (6) weeks (with the certification hearing adjusted back an additional
week in light of the Thanksgiving holiday).
NOW, THEREFORE, Plaintiff and Defendant agree and respectfully request that the
Court continue and adjust the current case schedule as proposed below:

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Event

Proposed Date

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Motion for Class Certification due

August 11, 2014

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Response to Class Certification

October 10, 2014

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Reply to Class Certification

November 3, 2014

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Hearing on Class Certification

December 4, 2014 at 1:30 p.m.

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Close of Fact Discovery

March 30, 2015

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Expert Disclosures due

April 27, 2015

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-1STIPULATION AND [PROPOSED] SCHEDULING ORDER

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Rebuttal Expert Disclosures due

May 27, 2015

Close of Expert Discovery

June 26, 2015

Dispositive Motions due

July 3, 2015

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Respectfully submitted,

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DATED: May 1, 2014

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HAGENS BERMAN SOBOL SHAPIRO LLP
By: /s/ Lee M. Gordon
Lee M. Gordon (SBN 174168)

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Elaine T. Byszewski (SBN 222304)
301 North Lake Avenue, Suite 203
Pasadena, CA 91101
Telephone: [phone]
[e-mail]
[e-mail]

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Steve W. Berman (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
[e-mail]

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

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Attorneys for Plaintiff and the Proposed Class

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-2STIPULATION AND [PROPOSED] SCHEDULING ORDER

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DATED: May 1, 2014

MCGRATH NORTH MULLIN & KRATZ, PC LLO

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By: /s/ Patrick E. Brookhouser
Patrick E. Brookhouser, Jr. (Pro Hac Vice)

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First National Tower, Suite 3700
1601 Dodge Street
Omaha, NE 68102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Robert B. Hawk (SBN 118054)
HOGAN LOVELLS US LLP
4085 Campbell Avenue
Suite 100
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant ConAgra Foods, Inc.

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Attestation of Filing
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I, Lee M. Gordon, attest that concurrence in the filing of this document has been obtained
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from each of the other signatories.
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By:

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-3STIPULATION AND [PROPOSED] SCHEDULING ORDER

/s/ Lee M. Gordon
Lee M. Gordon (SBN 174168)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: May 2, 2014
HONORABLE VINCE CHHABRIA
UNITED STATES DISTRICT COURT JUDGE

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-4STIPULATION AND [PROPOSED] SCHEDULING ORDER