Swearingen et al v. Healthy Beverage, LLC et al

Filing 86

STIPULATION AND ORDER. Case Management Statement due by 7/21/2016. Further Case Management Conference reset for 7/28/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 6/10/16. (bpfS, COURT STAFF) (Filed on 6/10/2016)

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FOX ROTHSCHILD LLP
Michael Eidel (SBN 119701)
2700 Kelly Road, Suite 300
Warrington, PA 18976
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Healthy Beverage, LLC
d/b/a The Healthy Beverage Company
PRATT & ASSOCIATES
Ben F. Pierce Gore (SBN 128515)
[e-mail]
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
Mary Swearingen and Robert Figy

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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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MARY SWEARINGEN and ROBERT FIGY,
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individually and on behalf of all others similarly )
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situated,
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Plaintiffs,
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v.
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HEALTHY BEVERAGE, LLC and THE
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HEALTHY BEVERAGE COMPANY,
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Defendants.
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Case No.: 3:13-CV-04385 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER
RE: CONTINUANCE OF CASE
MANAGEMENT CONFERENCE
Judge: Hon. Edward M. Chen
Action Filed: J anuar y 20, 2013
Current CMC date: June 23, 2016
Proposed CMC date: July 28, 2016

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Subject to the Court’s approval, the parties stipulate as follows:

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WHEREAS, on April 22, 2016, this Court scheduled a Case Management Conference (“CMC”)

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for September 8, 2016 at 10:30 a.m. [Dkt. 83];
WHEREAS, on June 1, 2016, the Court reset the CMC from September 8, 2016 to June 23,
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2016 [Dkt. 93];
WHEREAS, Plaintiffs’ counsel is unavailable on June 23, 2016 due to a previously scheduled
deposition; and

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WHEREAS, the parties seek to continue the CMC to July 28, 2016.

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The parties stipulate that:

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1.

The Case Management Conference scheduled for June 23, 2016 shall be continued to
10:30 A.M.

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July 28, 2016 at 9:30 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 July 21, 2016.

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Dated: June 7, 2016

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FOX ROTHSCHILD LLP
/s/ Michael Eidel
By: Michael Eidel
Attorneys for Defendants Healthy Beverage,
LLC d/b/a The Healthy Beverage Company

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Dated: June 7, 2016

PRATT & ASSOCIATES
/s/ Ben F. Pierce Gore
By: Ben F. Pierce Gore
Attorneys for Plaintiffs Mary Swearingen and
Robert Figy

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L.R. 5-1(i)(3) ECF Attestation

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I, Michael Eidel, am the ECF user whose ID and password are being used to file the following:

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JOINT STIPULATION AND PROPOSED ORDER RE: CONTINUANCE OF CASE

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MANAGEMENT CONFERENCE. In compliance with L.R. 5-1(i)(3), I hereby attest that we have

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concurred in this filing.

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Dated: June 7, 2016

/s/ Michael Eidel

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[PROPOSED] ORDER

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Good cause appearing therefor and pursuant to stipulation, IT IS SO ORDERED. (modified
above)

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Dated: June ____, 2016

RT
U
O

S DISTRICT
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C
A
Hon.T
Edward M. Chen

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D
RDERE
S SO O IED
IT I
DIF
AS MO

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dwar
Judge E

ER

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United States District Judge

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CERTIFICATE OF SERVICE

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Mary Swearingen, et al., v. Healthy Beverage, LLC and The Healthy Beverage Company
United States District Court, Northern District of California, San Francisco Division
Case No. 3:13-CV-04385 EMC
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

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I hereby certify that on June 7, 2016, I electronically filed the following document(s):
JOINT STIPULATION AND PROPOSED ORDER RE: CONTINUATION
OF CASE MANAGEMENT CONFERENCE

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with the Clerk of the Court for the United States District Court by using the CM/ECF system.
Participants in the case who are registered CM/EMF users will be served by the CM/ECF system.

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I further certify that some of the participants in the case are not registered CM/ECF users. I have
mailed the foregoing document by First Class Mail, postage prepaid, or have dispatched it to a third

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party commercial carrier for delivery within 3 calendar days, to the following non-CM/ECF

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participants:

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J. Price Coleman, Esquire
Coleman Law Firm
1100 Tyler Avenue, Suite 102
Oxford, MS 38655

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Dated: June 7, 2016

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/s/ Elisabeth Paulsen
Elisabeth Paulsen

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