Gitson et al v. Trader Joe's Company

Filing 119

ORDER GRANTING re 118 Joint Status Report Regarding Scheduling of Mandatory Settlement Conference filed by Trader Joe's Company. Signed by Judge Joseph C. Spero on 7/7/15. (klhS, COURT STAFF) (Filed on 7/7/2015)

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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

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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.
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 April 6, 2015 order, which is attached as Exhibit 1 to this

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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 in this action until September 29, 2015, the Parties

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propose to submit a further joint status report to Judge Spero within ten days of the next case

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management conference (currently scheduled for September 29, 2015).

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

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Court vacate the settlement conference. At the time, Trader Joe’s had two motions pending—a

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

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

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Plaintiffs have standing to assert claims as to approximately 177 products they did not purchase.

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The Parties requested a continuance of the settlement conference because they did not believe

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they were in the position to engage in settlement discussions until this issue was resolved. On

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April 28, 2014, this Court vacated the May 5, 2014 settlement conference and continued it until a

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

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days 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 and scheduled a case management conference for June 23, 2015. (Dkt. No.

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113.) At the June 23, 2015 case management conference, Judge Chhabria further continued the

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stay until September 29, 2015 and set a case management conference for the same date. (Dkt.

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No. 117.)

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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 September 29, 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: July 6, 2015
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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Dated: July 6, 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 September 29, 2015, the

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

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

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

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

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

pero

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Judge Jo

THE HONORABLE JOSEPH C. SPERO
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UNIT
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7/7/15
Dated: ____________________

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IT IS SO ORDERED.

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

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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: July 6, 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