Figy v. Amy's Kitchen, Inc.

Filing 91

ORDER, Motions terminated: 90 STIPULATION WITH PROPOSED ORDER to Continue July 7, 2016 Status Conference filed by Amy's Kitchen, Inc.. Further Case Management Conference set for 9/9/2016 03:00 PM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Susan Illston on 6/24/16. (tfS, COURT STAFF) (Filed on 6/24/2016)

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1 2 3 4 5 6 MAYER BROWN LLP Dale J. Giali (SBN 150382) dgiali@mayerbrown.com Andrea M. Weiss (SBN 252429) aweiss@mayerbrown.com 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 Attorneys for Defendant AMY’S KITCHEN, INC. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 ROBERT E. FIGY, individually and on behalf of all others similarly situated, 13 14 15 Plaintiff, v. Defendant. 17 JOINT STIPULATION TO CONTINUE JULY 7, 2016 STATUS CONFERENCE [Proposed Order Attached] AMY’S KITCHEN, INC. 16 Case No. CV 13-03816 SI Action Filed: August 16, 2013 Date: July 7, 2016 Time: 2:00 p.m. Courtroom: 1 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR CONTINUANCE OF JULY 7, 2016 STATUS CONFERENCE; CASE NO. CV 13-03816-SI 708711738.1 1 Plaintiff Robert Figy and defendant Amy’s Kitchen, Inc., by and through their respective 2 counsel of record, enter into the following stipulation, subject to Court approval, continuing the 3 July 7, 2016 Status Conference in this action: 4 WHEREAS, this action has been stayed pending the Food and Drug Administration’s 5 (“FDA”) review of its draft guidance on the use of the term “evaporated cane juice” on food 6 product labels; 7 8 9 10 11 12 WHEREAS, on May 25, 2016, FDA issued its final guidance entitled “Ingredients Declared as Evaporated Cane Juice”; WHEREAS, in light of FDA’s issuance of its final guidance, on June 16, 2016, the Court ordered that the parties appear for a status conference on July 7, 2016 at 2:00 p.m.; WHEREAS, during the stay of this action and prior to FDA’s issuance of its final guidance, the parties had agreed to participate in private mediation; 13 WHEREAS, the agreed-to mediation has been scheduled for August 8, 2016; 14 WHEREAS, in the interest of efficiency, the parties have agreed to continue the July 7, 15 16 17 18 2016 Status Conference so that the August 8, 2016 mediation will take place first; and WHEREAS, this stipulation is not being presented to cause unnecessary delay, or for any other improper purpose; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between plaintiff 19 and Amy’s Kitchen, subject to approval from the Court, that the Status Conference will be 20 continued to September 9, 2016 at 3:00 p.m., or a date and time otherwise convenient for the 21 Court, and the parties will file a joint status report one week in advance of the conference. 22 23 Dated: June 23, 2016 PRATT & ASSOCIATES 24 25 By: /s/ Ben F. Pierce Gore Ben F. Pierce Gore Attorneys for Plaintiff 26 27 28 1 STIPULATION FOR CONTINUANCE OF JULY 7, 2016 STATUS CONFERENCE; CASE NO. CV 13-03816-SI 708711738.1 1 Dated: June 23, 2016 MAYER BROWN LLP Dale J. Giali Andrea M. Weiss 2 3 By:/s/ Andrea M. Weiss Andrea M. Weiss Attorneys for Defendant AMY’S KITCHEN, INC. 4 5 6 7 8 9 I, Andrea M. Weiss, attest that Pierce Gore has approved the above stipulation and consents to its filing in this action. 10 11 /s/ Andrea M. Weiss Andrea M. Weiss 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION FOR CONTINUANCE OF JULY 7, 2016 STATUS CONFERENCE; CASE NO. CV 13-03816-SI 708711738.1 1 2 3 4 5 6 MAYER BROWN LLP Dale J. Giali (SBN 150382) dgiali@mayerbrown.com Andrea M. Weiss (SBN 252429) aweiss@mayerbrown.com 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 Attorneys for Defendant AMY’S KITCHEN, INC. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 ROBERT E. FIGY, individually and on behalf of all others similarly situated, 13 14 Plaintiff, Case No. CV 13-03816 SI [PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE JULY 7, 2016 STATUS CONFERENCE v. Action Filed: August 16, 2013 15 AMY’S KITCHEN, INC. 16 Defendant. Date: July 7, 2016 Time: 2:00 p.m. Courtroom: 1 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING STIPULATION FOR CONTINUANCE OF JULY 7, 2016 STATUS CONFERENCE; CASE NO. CV 13-03816-SI 708711738.1 1 The Court, having considered the June 23, 2016 stipulation of the parties (Dkt. # 90), and 2 for good cause shown, orders that the Status Conference currently scheduled for July 7, 2016 is 3 continued to September 9, 2016 at 3:00 p.m. The parties are to file a joint status report one week 4 in advance of the conference. 5 6 IT IS SO ORDERED. 7 6/24/16 Dated: ____________________ By: The Hon. Susan Illston Judge, United States District Court 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER GRANTING STIPULATION FOR CONTINUANCE OF JULY 7, 2016 STATUS CONFERENCE; CASE NO. CV 13-03816-SI 708711738.1

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