Swearingen et al v. Late July Snacks LLC

Filing 83

STIPULATION AND ORDER. Case Management Statement due by 10/8/2015. Further Case Management Conference sreet for 10/15/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/15/15. (bpf, COURT STAFF) (Filed on 9/15/2015)

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PRATT & ASSOCIATES
Ben F. Pierce Gore (CA Bar No. 128515)
[e-mail]
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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

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

STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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Plaintiffs,
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v.

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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
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, this action and the action captioned Swearingen v. Healthy Beverage, LLC,

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Case No. 3:13-CV-04385 EMC, are both pending before this Court, both are brought by the

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same two plaintiffs, both concern the issue of use of the term “evaporated cane juice” on

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product labels, and both have been stayed;

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WHEREAS, the Court has placed both this action and the Healthy Beverage action on

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the same schedule, conducting a joint case management conference on May 14, 2015 and

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scheduling a further case management conference in both actions for September 24, 2015;

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WHEREAS, on September 10, 2015, the Court reset the September 24, 2015 case
management conference for September 23, 2015;

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WHEREAS, on September 14, 2015, plaintiffs and defendant in the Healthy Beverage

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action filed a stipulation and proposed order requesting a continuance of the CMC in light of the

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Yom Kippur holiday;

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WHEREAS, the Court has rescheduled the CMC in the Healthy Beverage action to
October 15, 2015 at 10:30 a.m.; and

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WHEREAS, the parties respectfully suggest that, in light of the related issues in both

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actions with respect to the stay in both actions, it would serve the interests of judicial efficiency

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for the CMC in both actions to remain on the same date;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the

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Court’s approval, that the CMC in this action currently scheduled for September 23, 2015 be

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continued to October 15, 2015 at 10:30 a.m., with the parties to file a joint CMC statement on or

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before October 8, 2015.

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Dated:

September 14, 2015

By:

/s/ Rocky C. Tsai

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Rocky C. Tsai
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Attorneys for Defendant
LATE JULY SNACKS LLC

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

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Dated:

September 14, 2015

By:

/s/ Ben F. Pierce Gore

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Ben F. Pierce Gore
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Attorneys for Plaintiffs

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STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE
-2Case No. 13-cv-4324-EMC

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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9/15/15

Dated: _______________________

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Judge E

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IT IS S

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Honorable Edward M. Chen
U.S. District Judge RDERED

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UNIT
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FO

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OF

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STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE
-3Case No. 13-cv-4324-EMC

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