Swearingen et al v. Amazon Preservation Partners, Inc.

Filing 18

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 17 STIPULATION WITH PROPOSED ORDER. Case Management Conference rescheduled for 2/19/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 12/24/2013. (jmdS, COURT STAFF) (Filed on 12/24/2013)

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WILLIAM L. STERN (CA SBN 96105)
[e-mail]
CLAUDIA M. VETESI (CA SBN 233485)
[e-mail]
LISA A. WONGCHENKO (CA SBN 281782)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
AMAZON PRESERVATION PARTNERS, INC. d/b/a ZOLA
ACAI

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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,
individually and on behalf of others similarly
situated,

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Plaintiffs,

Case No.

CV13-4402-WHO

STIPULATION AND ORDER
CONTINUING CASE
MANAGEMENT CONFERENCE

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v.

Judge: Hon. William H. Orrick
Action Filed: September 23, 2013

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AMAZON PRESERVATION PARTNERS, INC.
d/b/a ZOLA ACAI,
Defendant.

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STIPULATION CONTINUING CMC
CASE NO. CV13-4402-WHO
sf-3367469

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Pursuant to Civil Local Rule 6-1(b), plaintiffs Mary Swearingen and Robert Figy, on
behalf of themselves and all others similarly situated, and defendant Amazon Preservation
Partners, Inc. dba Zola Acai (“Zola”) through their undersigned counsel, hereby stipulate as
follows:
WHEREAS, this action was filed in this Court on September 23, 2013;
WHEREAS, Zola filed a Motion to Dismiss the Complaint on December 6, 2013, and
noticed the hearing for February 19, 2014;
WHEREAS, on December 12, 2013, the Court approved the parties’ stipulation extending

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the briefing schedule so that Plaintiffs’ Opposition to the Motion to Dismiss is due January 17,

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2014 and Defendant’s Reply in Support of the Motion to Dismiss is due February 5, 2014;

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WHEREAS, the Court previously scheduled a Case Management Conference for January
14, 2014 at 2:00 p.m.;
WHEREAS, the parties believe that this matter is not ready for an initial Case
Management Conference given that the briefing on the Motion to Dismiss will not be completed
by January 14, 2014;
WHEREAS, for the convenience of the parties and this Court, the parties respectfully
request that the Case Management Conference be continued to February 19, 2014, the date of the
hearing on Defendant’s motion, or to a later date after the Court has ruled on Defendant’s motion
because, until the pleadings are settled, it is premature to set dates for further proceedings;
IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel and
subject to court approval, that pursuant to Local Rule 6-1(b), the Case Management Conference
shall be continued to February 19, 2014, or a later date to be determined by the Court.

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STIPULATION CONTINUING CMC
CASE NO. CV13-4402-WHO
sf-3367469

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Dated: December 23, 2013

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

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By:

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/s/ William L. Stern
WILLIAM L. STERN

Attorneys for Defendant AMAZON
PRESERVATION PARTNERS, INC. d/b/a
ZOLA ACAI

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Dated: December 23, 2013

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BEN F. PIERCE GORE
PRATT & ASSOCIATES
1871 THE ALAMEDA, SUITE 425
SAN JOSE, CA 95126

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By:
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/s/ Ben F. Pierce Gore
BEN F. PIERCE GORE

Attorneys for Plaintiffs MARY
SWEARINGEN and ROBERT FIGY

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STIPULATION CONTINUING CMC
CASE NO. CV13-4402-WHO
sf-3367469

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ECF ATTESTATION

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I, William L. Stern, am the ECF User whose ID and password are being used to file the

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following: STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE. In

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compliance with Civil Local Rule 5-1(i), I hereby attest that Ben F. Pierce Gore has concurred in

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this filing.

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Dated: December 23, 2013

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

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By: /s/ William L. Stern
WILLIAM L. STERN

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management

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Conference will be rescheduled to February 19, 2014, following argument on the Motion to

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Dismiss.

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DATED: December 24, 2013
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______________________________________
WILLIAM H. ORRICK
United States District Judge

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STIPULATION CONTINUING CMC
CASE NO. CV13-4402-WHO
sf-3367469

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