Swearingen et al v. Late July Snacks LLC

Filing 130

STIPULATION AND ORDER re 128 Continuing CMC filed by Late July Snacks LLC Case Management Statement due by 11/23/2017. Initial Case Management Conference set for 11/30/2017 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 10/16/17. (bpfS, COURT STAFF) (Filed on 10/16/2017)

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SHELTON DAVIS PLLC
David Shelton (admitted pro hac vice)
1223 Jackson Avenue East, Suite 202
Oxford, MS 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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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
Judge: Hon. Edward M. Chen
Current CMC Date: October 26, 2017

v.
LATE JULY SNACKS LLC,
Defendant.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
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 September 14, 2017, the Court conducted a hearing on Late July’s

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motion to dismiss the third amended complaint, at which the Court scheduled a case
management conference for five weeks from the hearing, so as to permit the parties adequate
time to discuss a proposed case schedule and the potential for ADR after receiving the Court’s
decision on the motion to dismiss (at that time, the Court anticipated a decision on that motion

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in approximately one week);
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WHEREAS, the parties agree that their efforts to confer on a case schedule and on the
potential for ADR would be facilitated by a decision on the motion to dismiss and adequate time
thereafter; and
WHEREAS, the motion to dismiss remains pending as of this date and thus the parties

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have agreed, subject to the Court’s approval, that a continuance of the case management

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conference for approximately 30 days would result in a more efficient conference, increase the

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potential for them to agree on scheduling matters, and facilitate discussions of ADR;

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The parties stipulate and respectfully request that the Court enter an order continuing the

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case management conference to November 30, 2017, or a date thereafter that is convenient for

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the Court, with a joint case management statement due one week in advance of the case

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management conference.

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Dated: October 13, 2017

By:

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

Dated: October 13, 2017

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
Case No. 13-cv-4324-EMC

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ER

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R NIA

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M. Che

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dward
Judge E

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IT IS S

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Honorable Edward M. Chen
D
U.S. District Judge O ORDERE

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RT
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Dated: _______________________

S DISTRICT
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______________________________
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UNIT
ED

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10/16/17

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N

F
D IS T IC T O
R

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Case No. 13-cv-4324-EMC

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