Swearingen et al v. Late July Snacks LLC

Filing 106

STIPULATION AND ORDER re 101 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 12/16/2016. Replies due by 1/16/2017. Motion Hearing set for 2/16/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Case Management Statement due by 2/9/2017. Further Case Management Conference reset for 2/16/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 11/1/16. (bpfS, COURT STAFF) (Filed on 11/1/2016)

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SHELTON DAVIS PLLC
David Shelton (admitted pro hac vice)
1223 Jackson Avenue East, Suite 202
Oxford, MA 38655
Telephone: [phone]
Email: [e-mail]

POLLACK SOLOMON DUFFY LLP
Joshua L. Solomon (admitted pro hac vice)
133 Federal Street, Suite 902
Boston, MA 02492
Telephone: [phone]
Email: [e-mail]

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

ROPES & GRAY LLP
Rocky C. Tsai (CA Bar No. 221452)
Three Embarcadero Center, Ste. 300
San Francisco, CA 94111-4006
Telephone:[phone]
Email: [e-mail]

Attorneys for Plaintiffs

Attorneys for Defendant Late July Snacks LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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Case No. 13-cv-4324-EMC

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MARY SWEARINGEN and ROBERT FIGY,
individually and on behalf of all others similarly
situated,

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Plaintiffs,

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v.

STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
SETTING BRIEFING SCHEDULE ON
MOTION TO DISMISS
Judge: Hon. Edward M. Chen
Current CMC Date: November 18, 2017

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LATE JULY SNACKS LLC,

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Defendant.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING
SCHEDULE ON MOTION TO DISMISS
Case No. 13-cv-4324-EMC

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Subject to the Court’s approval, the parties stipulate as follows:

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WHEREAS, on October 31, 2016, Late July filed a motion to dismiss the Second

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Amended complaint in this action, which set February 16, 2017 as the date for hearing the
motion;
WHEREAS, on October 31, 2016, Healthy Beverage, LLC filed a motion to dismiss the
Second Amended complaint, also setting a hearing date of February 16, 2017, in the action

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captioned Swearingen et al v. Healthy Beverage, LLC, 13-cv-04385, which is also pending
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before this Court, asserts claims relating to the use of “evaporated cane juice,” and is currently
on the same schedule as this action;
WHEREAS, a CMC is currently scheduled for November 18, 2016 in both this matter
and the Healthy Beverage matter; and
WHEREAS, the parties to this action and the Healthy Beverage action have all conferred

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and agree that conducting the CMCs prior to the completion of briefing and a hearing on the

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motions to dismiss is unlikely to advance these matters or to be an efficient use of the Court’s or

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the parties’ resources;

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The parties stipulate and respectfully request that the Court enter an order as follows:

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1. Adjourning the November 18, 2016 CMC until February 16, 2017, or a date

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thereafter that is convenient for the Court;
2. Setting a deadline of December 16, 2016 for Plaintiffs to file their opposition to the
motion to dismiss; and
3. Setting a deadline of January 16, 2017 for Late July to file its reply in response to
Plaintiffs’ opposition to the motion to dismiss.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING
SCHEDULE ON MOTION TO DISMISS
Case No. 13-cv-4324-EMC

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Dated: October 31, 2016

By:

/s/ Joshua L. Solomon
Joshua L. Solomon
Attorney for Defendant
LATE JULY SNACKS LLC

Dated: October 31, 2016

By:

/s/ Ben F. Pierce Gore
Ben F. Pierce Gore
Attorney for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING
SCHEDULE ON MOTION TO DISMISS
Case No. 13-cv-4324-EMC

[PROPOSED] ORDER

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Honorable RED M. Chen
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11/18/16 to 2/16/17 at

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1:30 p.m. Updated joint
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CMC statement due 2/9/17.
Dated: _______________________
______________________________

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Further CMC reset from

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING
SCHEDULE ON MOTION TO DISMISS
Case No. 13-cv-4324-EMC