Gitson et al v. Trader Joe's Company

Filing 99

STIPULATION AND ORDER RE STIPULATION TO RESCHEDULE 82 MOTION to Dismiss MOTION to Strike 76 Amended Complaint , 74 MOTION to Certify Order for Interlocutory Appeal re 68 Order on Motion to Dismiss,, and MOTION to Stay . Motion Hearing set for 8/7/2014 10:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Vince Chhabria. Signed by Judge Vince Chhabria on 6/17/2014. (knm, COURT STAFF) (Filed on 6/17/2014)

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Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Colin H. Dunn (Pro Hac Vice)
CLIFFORD LAW OFFICES, PC
120 North LaSalle, 31st Floor
Chicago, IL 60602
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs

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CARLA CHRISTOFFERSON (S.B. #161111)
[e-mail]
ADAM 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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AMY GITSON and DEBORAH ROSS,
individually and on behalf of all others
similarly situated,

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Plaintiffs,
v.
TRADER JOE’S COMPANY,
Defendant.

Case No. 13-CV-1333 VC
CLASS ACTION
STIPULATION & [PROPOSED]
ORDER TO CONTINUE JUNE 26, 2014
HEARING ON DEFENDANT’S
MOTION TO DISMISS PLAINTIFFS’
THIRD AMENDED COMPLAINT AND
DEFENDANT’S MOTION TO
CERTIFY ORDER
Hearing Date:
Proposed Date:
Time:
Judge:
Action Filed:

June 26, 2014
August 7, 2014
10:30 a.m.
Hon. Vince Chhabria
March 25, 2013

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING ON MTD TAC &
MOTION TO CERTIFY ORDER;
CASE NO. 13-CV-1333 VC

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Counsel for the parties jointly submit this Stipulation to continue the hearing date on

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Defendant’s Motion to Dismiss Plaintiffs’ Third Amended Complaint and Motion to Certify

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Order for Interlocutory Appeal and Motion to Stay presently scheduled on June 26, 2014, to

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August 7, 2014, or such other date as the Court orders. Colin Dunn, co-counsel for Plaintiffs who

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will be arguing in opposition to the Motions on behalf of Plaintiffs, has an oral argument set on

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June 26, 2014 before the Seventh Circuit Court of Appeals in Junhong, et al. v. Boeing Company,

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14-1825, et al (consolidated appeal). Due to the schedules of the attorneys for both parties, the

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next Thursday they are available is August 7, 2014.

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modifications to the case schedule are set forth in their Joint Case Management Statement (Dkt. #

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89). Given this stipulation and request for a continued hearing date, Plaintiffs join in Defendant’s

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position regarding pretrial dates set forth in ¶17.b of the Joint Case Management Statement. With

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that exception, the continuation of the hearing date stipulated to and requested herein will not

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have an effect of the parties’ positions regarding modifications to the case schedule.

The parties’ positions regarding

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Dated: June 17, 2014

/s/ Colin Dunn
Counsel for Plaintiffs Gitson & Ross

Dated: June 17, 2014

/s/ Adam Levine
Counsel for Defendant Trader Joe’s
Company

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING ON MTD TAC &
MOTION TO CERTIFY;
CASE NO. 13-CV-1333 VC

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[PROPOSED] ORDER
Good cause appearing therefor, it is hereby ordered that the hearing on Defendant’s Motion to
Dismiss Plaintiffs’ Third Amended Complaint and Motion to Certify is continued to

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August 7
_________________, 2014, at 10:30 a.m.
10:00
IT IS SO ORDERED.

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Dated: June ___, 2014

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The Honorable Vince Chhabria

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING ON MTD TAC &
MOTION TO CERTIFY;
CASE NO. 13-CV-1333 VC

ATTESTATION

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In compliance with Local Rule 5-1(i)(3), the filer of this document hereby attests that the

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concurrence to the filing of this document has been obtained from the other signatories thereto.

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/s/ Colin H. Dunn
Colin H. Dunn

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CERTIFICATE OF SERVICE

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I certify that a copy of this document was served electronically on June 17, 2014 on

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counsel of record in compliance with Federal Rule 5, Local Rule 5-6, by use of the Court’s ECF

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system.

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/s/ Colin H. Dunn
Colin H. Dunn

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING ON MTD TAC &
MOTION TO CERTIFY;
CASE NO. 13-CV-1333 VC