Swearingen et al v. Late July Snacks LLC

Filing 88

STIPULATION AND ORDER re 87 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Late July Snacks LLC Case Management Statement due by 4/28/2016. Further Case Management Conference set for 5/5/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/25/16. (bpf, COURT STAFF) (Filed on 3/25/2016)

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POLLACK SOLOMON DUFFY LLP
JOSHUA L. SOLOMON (admitted pro hac vice)
133 Federal Street
Boston, MA 02110
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]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant Late July Snacks LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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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,
Plaintiffs,

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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
Judge: Hon. Edward M. Chen
Current CMC Date: April 7, 2016

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 hereto stipulate as follows:

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WHEREAS, on October 16, 2015, this Court scheduled a Case Management Conference

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(“CMC”) for April 7, 2016 [Dkt. 85];
WHEREAS, on March 11, 2016, the Court issued an Order in this action requesting that
the FDA Commissioner inform the Court whether the FDA is likely to issue any further
guidance regarding evaporated cane juice within the next 180 days [Dkt. 86];

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WHEREAS, the parties seek to continue the CMC for approximately thirty (30) days to
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give the FDA additional time to respond to the Court’s March 11, 2016 Order;
WHEREAS, the parties in Swearingen & Figy v. Healthy Beverage, LLC and The
Healthy Beverage Company, 13-cv-04385 EMC, which is also before this Court and in which a
CMC is also scheduled for April 7, 2016, have filed a motion seeking the same continuance; and
WHEREAS, the continuance shall be without prejudice to application for a further
continuance in this matter;

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The parties stipulate that:

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1. The Case Management Conference shall be scheduled for May 5, 2016 at 9:30 a.m.,

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10:30 a.m.

or on such further date as the Court orders; and
2. The parties shall submit a Joint Case Management Statement on or before April 28,
2016 or on such further date that is seven days before the CMC.
Dated: March 24, 2016

By:

/s/ Rocky C. Tsai
Rocky C. Tsai
Attorneys for Defendant
LATE JULY SNACKS LLC

Dated: March 24, 2016

By:

/s/ Ben F. Pierce Gore
Ben F. Pierce Gore
Attorneys 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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(as modified above)

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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dwa
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IT IS S
DIFIED
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Honorable Edward M. Chen
U.S. District JudgeORDERED

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UNIT
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Dated: _______________________

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3/25/16

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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Case No. 13-cv-4324-EMC

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