Gitson et al v. Trader Joe's Company

Filing 115

ORDER GRANTING re 114 Joint Status Report re: Scheduling of Mandatory Settlement Conference filed by Trader Joe's Company. Signed by Judge Joseph C. Spero on 4/3/15. (klhS, COURT STAFF) (Filed on 4/6/2015)

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DAWN SESTITO (S.B. #214011)
[e-mail]
ADAM G. LEVINE (S.B. #200522)
[e-mail]
KATE IDES (S.B. #274820)
[e-mail]
DANIEL J. FARIA (S.B. #285158)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, California 90071-2899
Telephone:
[phone]
Facsimile:
[phone]
RANDALL W. EDWARDS (S.B. #179053)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Trader Joe’s Company
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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AMY GITSON et al.,

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Case No. 13-CV-1333 VC
Plaintiffs,

v.
TRADER JOE’S COMPANY,
Defendant.

JOINT STATUS UPDATE
REGARDING SCHEDULING OF
MANDATORY SETTLEMENT
CONFERENCE AND
[PROPOSED] ORDER
Judge:

Hon. Joseph C. Spero

TAC Filed:
Trial Date:

April 3, 2014
Not Set

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JOINT STATUS UPDATE RE:
SETTLEMENT CONFERENCE;
13-CV-1333 VC

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In accordance with this Court’s November 17, 2014 order, which is attached as Exhibit 1

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to this Joint Status Update, Plaintiffs Amy Gitson and Deborah Ross and Defendant Trader Joe’s

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Company (collectively, the “Parties”), respectfully submit this Joint Status Update regarding the

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scheduling of the mandatory settlement conference in this matter. As explained below, given

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Judge Chhabria’s extension of the stay until at least the next case management conference

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(currently set for June 23, 2015), the Parties propose to submit a further joint status report to

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Judge Spero within ten days of the next case management conference.

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This matter was scheduled for a settlement conference on May 5, 2014. However, on
April 28, 2014, the Parties submitted a joint stipulation requesting that this Court vacate the

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settlement conference. At the time, Trader Joe’s had two motions pending—a motion to dismiss

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Plaintiffs’ Third Amended Complaint (Dkt. No. 82) and a motion to certify for interlocutory

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appeal. (Dkt. No. 74.) A central issue raised by both motions was whether Plaintiffs have

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standing to assert claims as to approximately 177 products they did not purchase. The Parties

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requested a continuance of the settlement conference because they did not believe they were in

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the position to engage in settlement discussions until this issue was resolved. On April 28, 2014,

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this Court vacated the May 5, 2014 settlement conference and continued it until a date

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approximately 60 days after the entry of an order on Trader Joe’s motion to dismiss, or 60 days

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after entry of an order on Trader Joe’s motion to certify for interlocutory appeal.

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On August 8, 2014, Judge Chhabria entered a single order on both motions. (Dkt. No.

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101.) Judge Chhabria denied the motion for interlocutory appeal. (Id. at 2-3.) As to Trader Joe’s

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motion to dismiss, he stayed the entire case on primary jurisdiction grounds (id. at 3-4), and

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denied the remainder of Trader Joe’s motion to dismiss without prejudice to re-filing once the

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stay is lifted (id. at 4). Judge Chhabria also set a case management conference for November 4,

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2014,1 at which he would revisit the propriety of maintaining the stay. (Id.) The November 2014

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case management conference was subsequently rescheduled to March 24, 2015. (Dkt. No. 106.)

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Accordingly, on November 17, 2014, this Court granted the Parties’ request to further continue

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Judge Chhabria subsequently continued the case management conference scheduled for
November 4, 2014, to November 13, 2014.
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JOINT STATUS UPDATE RE:
SETTLEMENT CONFERENCE;
13-CV-1333 VC

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the mandatory settlement conference previously scheduled in this action, and ordered the Parties

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to file a joint status report on the status of the stay ten days after the March 24, 2015 case

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management conference (April 3, 2015). (Dkt. No. 108.)

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On March 20, 2015, Judge Chhabria granted the Parties’ request to continue the current

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stay of this lawsuit at least until the next case management conference scheduled for June 23,

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2015. (Dkt. No. 113.) Accordingly, the Parties believe they still are not in the position to engage

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in meaningful settlement discussions and propose that they provide a further status update on the

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scheduling of the settlement conference after the June 23, 2015 case management conference.

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In short, the Parties are in no different position than when they last submitted an update.

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Therefore, the Parties propose that within ten days of the next case management conference in

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this matter, which is presently scheduled for June 23, 2015, they will jointly submit a status

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update wherein they will report on (1) the status of the stay; (2) if the stay is lifted, whether

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Trader Joe’s intends to re-file its motion to dismiss the Third Amended Complaint and, if so, by

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which date the Parties anticipate the motion will be resolved; and (3) if the stay is lifted and

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Trader Joe’s refiles its motion to dismiss the Third Amended Complaint, the date by which the

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Parties propose to jointly contact Judge Spero’s chambers to select a settlement conference date.

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Dated: April 2, 2015

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By:

s/ Kate Ides
Kate Ides
Attorneys for Defendant
Trader Joe’s Company

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O’MELVENY & MYERS LLP

Dated: April 2, 2015

CLIFFORD LAW OFFICES, P.C.
By:

s/ Colin H. Dunn
Colin H. Dunn
Attorneys for Plaintiffs
Amy Gitson and Deborah Ross

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JOINT STATUS UPDATE RE:
SETTLEMENT CONFERENCE;
13-CV-1333 VC

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[PROPOSED] ORDER

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Having reviewed the Parties’ joint status update regarding the scheduling of the

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mandatory settlement conference in this matter, it is hereby ordered that within 10 days of the

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next case management conference, which is currently scheduled for June 23, 2015 the Parties will

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jointly submit a status update to this Court wherein they will report on (1) the status of the stay;

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(2) if the stay is lifted, whether Trader Joe’s intends to re-file its motion to dismiss the Third

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Amended Complaint and, if so, by which date the Parties anticipate the motion will be resolved;

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and (3) if the stay is lifted and Trader Joe’s refiles its motion to dismiss the Third Amended

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Complaint, the date by which the Parties propose to jointly contact Judge Spero’s chambers to
select a settlement conference date.

UNIT
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IT IS SO ORDERED.

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04/03/15
Dated: ____________________

THE HONORABLE JOSEPH rC. SPERO
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JOINT STATUS UPDATE RE:
SETTLEMENT CONFERENCE;
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SIGNATURE ATTESTATION
The filing attorney attests that he has obtained concurrence regarding the filing of this
document from each of the other signatories to this document.

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Dated: April 2, 2015

O’MELVENY & MYERS LLP
By:

/s/ Kate Ides
Kate Ides
Attorneys for Defendant
Trader Joe’s Company

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JOINT STATUS UPDATE RE:
SETTLEMENT CONFERENCE;
13-CV-1333 VC

EXHIBIT 1

Case3:13-cv-01333-VC Document108 Filed11/17/14 Page1 of 4

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CARLA CHRISTOFFERSON (S.B. #161111)
[e-mail]
ADAM G. LEVINE (S.B. #200522)
[e-mail]
KATE IDES (S.B. #274820)
[e-mail]
DANIEL J. FARIA (S.B. #285158)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, California 90071-2899
Telephone:
[phone]
Facsimile:
[phone]
RANDALL W. EDWARDS (S.B. #179053)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Trader Joe’s 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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AMY GITSON et al.,

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Case No. 13-CV-1333 VC
Plaintiffs,

v.

JOINT STATUS UPDATE RE:
SCHEDULING OF MANDATORY
SETTLEMENT CONFERENCE AND
[PROPOSED] ORDER

TRADER JOE’S COMPANY,
Judge:

Hon. Joseph C. Spero

TAC Filed:
Trial Date:

April 3, 2014
March 23, 2015

Defendant.

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JOINT STATUS UPDATE RE:
SCHEDULING OF SETTLEMENT
CONFERENCE;
13-CV-1333 VC

Case3:13-cv-01333-VC Document108 Filed11/17/14 Page2 of 4

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In accordance with this Court’s order entered on September 3, 2014, and attached as

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Exhibit 1, Plaintiffs Amy Gitson and Deborah Ross and Defendant Trader Joe’s Company

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(collectively, the “Parties”), respectfully submit this joint status update regarding the scheduling

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of the mandatory settlement conference in this matter. On November 13, 2014, Judge Chhabria

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continued the current stay of this lawsuit at least until the next case management conference

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scheduled for March 24, 2015. Accordingly, the Parties believe they are not in the position to

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engage in meaningful settlement discussions and propose that they provide a further status update

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on the scheduling of the mandatory settlement conference after the March 24, 2015 case

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management conference.

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This matter was previously scheduled for a settlement conference on May 5, 2014. On

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April 28, 2014, the Parties submitted a joint stipulation requesting that this Court vacate that

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settlement conference. At that time, Trader Joe’s had two motions pending—a motion to dismiss

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Plaintiffs’ Third Amended Complaint (Dkt. No. 82) and a motion to certify for interlocutory

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appeal (Dkt. No. 74). A central issue raised by both motions was whether Plaintiffs have standing

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to assert claims as to approximately 177 products they did not purchase. The Parties requested a

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continuance of the settlement conference, because they did not believe they were in the position

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to engage in meaningful settlement discussions until this issue was resolved. On April 28, 2014,

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this Court vacated the May 5, 2014 settlement conference and continued it until a date

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approximately 60 days after the entry of an order on Trader Joe’s motion to dismiss, or 60 days

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after entry of an order on Trader Joe’s motion to certify for interlocutory appeal, whichever came

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later.

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On August 8, 2014, Judge Chhabria entered a single order on both motions. (Dkt. No.

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101.) Judge Chhabria denied the motion for interlocutory appeal. (Id. at 2-3.) As to Trader Joe’s

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motion to dismiss, he stayed the entire case on primary jurisdiction grounds (id. at 3-4), and

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denied the remainder of Trader Joe’s motion to dismiss without prejudice to re-filing once the

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stay is lifted (id. at 4). Judge Chhabria also set a case management conference for November 4,

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JOINT STATUS UPDATE RE:
SCHEDULING OF SETTLEMENT
CONFERENCE;
13-CV-1333 VC

Case3:13-cv-01333-VC Document108 Filed11/17/14 Page3 of 4

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2014,1 at which conference he would revisit the propriety of maintaining the stay. (Id.) And so,

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although Judge Chhabria rules on both motions, the pleadings in this matter remained unsettled.

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Therefore, the Parties requested that this Court enter an order directing the Parties to

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submit a joint status update to this Court after the case management conference in November,

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wherein they would report on (1) the status of the stay; (2) if the stay is lifted, whether Trader

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Joe’s intends to re-file its motion to dismiss the Third Amended Complaint and, if so, by which

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date the Parties anticipate the motion will be resolved; and (3) if the stay is lifted and Trader Joe’s

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refiles its motion to dismiss the Third Amended Complaint, the date by which the Parties will

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jointly contact Judge Spero’s chambers to select a settlement conference date.

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On November 13, 2014, Judge Chhabria took the November case management conference

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off calendar and continued it to March 24, 2015, and did not lift the stay. In short, the Parties are

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in no different position than when they last submitted an update to this Court. Therefore, the

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Parties propose, that within ten days of the next case management conference in this matter,

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which is presently scheduled for March 24, 2015, they will jointly submit a status update wherein

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they will report on (1) the status of the stay; (2) if the stay is lifted, whether Trader Joe’s intends

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to re-file its motion to dismiss the third amended complaint and, if so, by which date the Parties

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anticipate the motion will be resolved; and (3) if the stay is lifted and Trader Joe’s refiles its

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motion to dismiss the Third Amended Complaint, the date by which the Parties will jointly

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contact Judge Spero’s chambers to select a settlement conference date.

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Dated: November 14, 2014

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O’MELVENY & MYERS LLP

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By:

s/ Kate Ides
Kate Ides
Attorneys for Defendant
Trader Joe’s Company

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Judge Chhabria subsequently continued the case management conference scheduled for
November 4, 2014, to November 13, 2014.

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JOINT STATUS UPDATE RE:
SCHEDULING OF SETTLEMENT
CONFERENCE;
13-CV-1333 VC

Case3:13-cv-01333-VC Document108 Filed11/17/14 Page4 of 4

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Dated: November 14, 2014
CLIFFORD LAW OFFICES, P.C.

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By:

s/ Colin H. Dunn
Colin H. Dunn
Attorneys for Plaintiffs
Amy Gitson and Deborah Ross

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[PROPOSED] ORDER

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Having reviewed the Parties’ joint status update regarding the scheduling of the

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mandatory settlement conference in this matter, it is hereby ordered that within 10 days of the

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next case management conference, which is currently scheduled for March 24, 2015, the Parties

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will jointly submit a status update to this Court wherein they will report on (1) the status of the

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stay; (2) if the stay is lifted, whether Trader Joe’s intends to re-file its motion to dismiss the third

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amended complaint and, if so, by which date the Parties anticipate the motion will be resolved;

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and (3) if the stay is lifted and Trader Joe’s refiles its motion to dismiss the Third Amended

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Complaint, the date by which the Parties will jointly contact Judge Spero’s chambers to select a

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settlement conference date.

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11/17/14
Dated: ____________________

seph C.

Judge Jo

Spero

LI

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THE HONORABLE JOSEPH C. SPERO
ER

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IT IS SO ORDERED.

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UNIT
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JOINT STATUS UPDATE RE:
SCHEDULING OF SETTLEMENT
CONFERENCE;
13-CV-1333 VC