Swearingen et al v. Late July Snacks LLC

Filing 91

STIPULATION AND ORDER. Further CMC set for 9/8/16 at 10:30 a.m. Signed by Judge Edward M. Chen on 4/22/16. (bpf, COURT STAFF) (Filed on 4/22/2016)

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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]

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 Mary Swearingen
and Robert Figy

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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,

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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: May 5, 2016

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

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(“CMC”) for April 7, 2016 [Dkt. 85], which was since continued to May 5, 2016 [Dkt. 88];
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, as of April 19, 2016, the FDA has not responded to the Court’s request;
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WHEREAS, the parties seek to continue the CMC to give the FDA additional time to
respond to the Court’s March 11, 2016 Order, without prejudice to either party seeking to
reschedule the CMC after the FDA has responded to the Court’s March 11, 2016 Order;
WHEREAS, the continuance shall be without prejudice to a party’s application for a

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further continuance in this matter, including but not limited to defendant’s application for a

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further continuance of the stay of the action based on Kane v. Chobani, 14-15670 (9th Cir.

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March 24, 2006) until FDA proceedings have been completed; and

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The parties stipulate that:

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

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will be placed off calendar;
2. The action is stayed subject to a party’s application to the Court to remove the stay,
or as may be further ordered by the Court;
3. Any removal of the stay is without prejudice to a party’s application for a further
continuance in this matter, including but not limited to defendant’s application for a further
continuance of the stay of the action based on Kane v. Chobani, 14-15670 (9th Cir. March 24,
2006) until FDA proceedings have been completed; and,
4. The parties shall submit a Joint Case Management Statement at least seven days

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prior to the next CMC whenever established by the Court.

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

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Dated: April 19, 2016

By:

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

Dated: April 19, 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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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

ER

R NIA

dward
Judge E

n

M. Che

H

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RT

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ORD
T IS SO DIFIED
I
AS MO

NO

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Honorable Edward M. Chen
U.S. District RED
E Judge

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due 9/1/16.
S DISTRICT
TE
______________________________
C
TA

LI

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4/22/16

Dated: _______________________

RT
U
O

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9/8/16 at 10:30 a.m.

An

updated joint CMC statement

UNIT
ED

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Further CMC reset for

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N

D IS T IC T
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OF

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