Nobles et al v. Coco-Cola Refreshments USA Inc et al

Filing 16

ORDER, Motions terminated: 15 STIPULATION WITH PROPOSED ORDER Extending Time to File Response to Plaintiffs' Complaint and Requesting Continuance of Initial Case Management Conference filed by Coco-Cola Refreshments USA Inc, Coco-Cola Company. Initial Case Management Conference set for 2/5/14 is continued to 3/21/2014 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 12/19/13. (tfS, COURT STAFF) (Filed on 12/20/2013)

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Tammy B. Webb (SBN 227593)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Steven A. Zalesin (Admitted pro hac vice)
[e-mail]
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, New York 10036-6710
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
THE COCA-COLA COMPANY and
COCA-COLA REFRESHMENTS USA, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AYANNA NOBLES and JULIA HUGHES,
individually and on behalf of all others
similarly situated,

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Case No. 3:13-cv-05017-SI
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO FILE
RESPONSE TO PLAINTIFFS’
COMPLAINT AND REQUESTING
CONTINUANCE OF INITIAL CASE
MANAGEMENT CONFERENCE

Plaintiffs,

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v.

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COCA-COLA REFRESHMENTS USA, INC.,
and THE COCA-COLA COMPANY

Judge: Hon. Susan Illston

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Defendants.
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Pursuant to Civil Local Rule 6.1(b), Plaintiffs Ayanna Nobles and Julia Hughes (“Plaintiffs”)

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and Defendants The Coca-Cola Company and Coca-Cola Refreshments USA, Inc., (“Defendants”)

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(collectively referred to as the “Parties”) through their respective counsel hereby stipulate as follows:

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WHEREAS, on November 18, 2013, Defendants filed a motion to relate case with

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Engurasoff v. The Coca-Cola Company, et al.¸ Case No. 3:13-cv-03990-JSW (“Engurasoff”) (Dkt.

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No. 10);
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STIPULATION
CASE NO. 3:13-CV-05017-SI

WHEREAS, as set forth in that motion, Plaintiff’s Complaint arises from the same set of

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operative facts as the Engurasoff complaint;

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WHEREAS, Defendants filed a motion to dismiss in Engurasoff on November 22, 2013;

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WHEREAS, Defendants believe that Plaintiff’s Complaint is not legally viable for the same

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reasons asserted in its motion to dismiss in the Engurasoff action; WHEREAS, the deadline for

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Defendants to answer or otherwise move with respect to the Complaint is currently December 30,

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2013;

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WHEREAS, the Initial Case Management Conference is currently set for February 5, 2014;

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WHEREAS, no other time modifications have been made to this case, whether by stipulation

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or court order.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties through
their respective attorneys of record that:

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1. The deadline for Defendants to respond to the Complaint is extended to two weeks after a

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ruling is entered on the motion to dismiss filed in Engurasoffv. The Coca-Cola Company,

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et al., Case No. 3:13-cv-03990-JSW, currently set to be heard on February 21, 2014.

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2. The Initial Case Management Conference currently set for February 5, 2014 shall be

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continued to a later date, after a decision is made on the Engurasoff motion to dismiss.

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Dated: December 19, 2013

By:

/s/ Reginald Von Terrell
Reginald Von Terrell
Attorneys for Plaintiffs

Dated: December 19, 2013

By:

/s/ Tammy B. Webb____
Tammy B. Webb
Attorneys for Defendants

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Pursuant to L.R. 5-11(i)(3), I attest that concurrence in the filing of this document has been obtained

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from the other signatories.

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By:

/s/ Tammy B. Webb____
Tammy B. Webb

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-CV-05017-SI

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[PROPOSED] ORDER
The Court hereby orders that:
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Defendants’ response to the Complaint will be due two weeks after the decision is made

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on the motion to dismiss in Engurasoff, et al. v. The Coca-Cola Company, et al., Case

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No. 3:13-cv-03990-JSW.

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2. The Initial Case Management Conference set for February 5, 2014 is continued to
3/21/14 @ 2:30 P.M.

________________.
IT IS SO ORDERED.
12/19/13

Dated: _______________________

______________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-CV-05017-SI