Swearingen et al v. Late July Snacks LLC

Filing 98

STIPULATION AND ORDER re 97 STIPULATION WITH PROPOSED ORDER LIFTING STAY, SETTING SCHEDULE, AND ADJOURNING CMC filed by Late July Snacks LLC Case Management Statement due by 11/10/2016. Further Case Management Conference reset for 11/17/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 7/22/16. (bpfS, COURT STAFF) (Filed on 7/22/2016)

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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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STIPULATION AND [PROPOSED]
ORDER LIFTING STAY, SETTING
SCHEDULE, AND ADJOURNING CMC
Judge: Hon. Edward M. Chen
Current CMC Date: June 23, 2016

v.

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LATE JULY SNACKS LLC,

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Defendant.

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STIPULATION AND [PROPOSED] ORDER LIFTING STAY, SETTING SCHEDULE, AND ADJOURNING CMC
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 May 26, 2016, the FDA issued a guidance titled, “Ingredients Declared

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as Evaporated Cane Juice: Guidance for Industry”;
WHEREAS, The parties agree that the stay currently in place, based on the primary
jurisdiction doctrine, is no longer necessary in light of the May 26 Guidance; and
WHEREAS, the parties have conferred and agreed upon the appropriate next steps and

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schedule for resumption of this action;
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The parties stipulate and respectfully request that the Court enter an order as follows:
1. The stay previously imposed in this action is lifted;
2. Plaintiffs are granted leave to file, and shall file by August 31, 2016, a Second
Amended Complaint;

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3. Leave to file the Second Amended Complaint is without prejudice to any defenses

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Late July may have to the Second Amended Complaint, including but not limited to defenses

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under Fed. R. Civ. P. 12(b)(1) and 12(b)(6);

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4. To accommodate defense counsel’s trial schedule in September, Late July shall

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respond to the Second Amended Complaint by answer or motion by October 31, 2016; and

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5. The CMC currently scheduled for July 28, 2016 is adjourned. reset for
11/17/16 at 10:30 a.m.
by 11/10/16.

An updated joint CMC statement shall be filed

Dated: July 21, 2016

By:

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

Dated: July 21, 2016

By:

/s/ David Shelton
David Shelton
Attorney for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER LIFTING STAY, SETTING SCHEDULE, AND ADJOURNING CMC
Case No. 13-cv-4324-EMC

PURSUANT TO STIPULATION, IT IS SO ORDERED. (as modified above)

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ER

R NIA

dward
Judge E

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M. Che

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IT IS
DIFIED
AS MO

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Honorable Edward M. Chen ED
U.S. District Judge ORDER
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UNIT
ED

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7/22/16
Dated: _______________________

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S DISTRICT
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______________________________

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[PROPOSED] ORDER

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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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