Garrison et al v. Whole Foods Market, Inc.

Filing 62

Order by Hon. Vince Chhabria granting 61 Stipulation for Limited Modification to Scheduling Order.(knmS, COURT STAFF) (Filed on 3/18/2015)

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SEYFARTH SHAW LLP
Jay W. Connolly (SBN 114725)
[e-mail]
Giovanna A. Ferrari (SBN 229871)
[e-mail]
Joseph J. Orzano (SBN 262040)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
WHOLE FOODS MARKET GROUP, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARY GARRISON and GRACE
GARRISON, individually, and on behalf of all
others similarly situated,

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Plaintiffs,

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Case No. 3:13-CV-05222-VC
STIPULATION AND [PROPOSED]
ORDER FOR LIMITED
MODIFICATION TO SCHEDULING
ORDER

v.
WHOLE FOODS MARKET GROUP, INC.,
Defendant.

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Pursuant to Local Rule 6-1(b), Plaintiffs MARY GARRISON and GRACE GARRISON,

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individually, and on behalf of all others similarly situated (collectively “Plaintiffs”), on the one

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hand, and Defendant WHOLE FOODS MARKET GROUP, INC. (“Defendant”), by and through

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their undersigned counsel, hereby stipulate as follows:

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WHEREAS, on February 11, 2015, the Court entered a minute entry setting forth several

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case deadlines consistent with the Parties’ most recent Joint Case Management Conference

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Statement, including the requirement that the Parties submit a stipulated ESI Protocol or letter

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brief outlining any dispute regarding the ESI Protocol by March 3, 2015. (Dkt. 58.)

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WHEREAS, on March 5, 2015, at the request of the Parties, the Court extended the

Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:13-cv-05222-VC

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March 3, 2015 deadline to March 17, 2015.

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WHEREAS, the Parties continue to confer on issues pertaining to the draft ESI Protocol

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and desire additional time to attempt to resolve their dispute without resorting to intervention

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from the Court.

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WHEREAS, the additional time the Parties seek to attempt to reach agreement on an ESI
Protocol will not alter any other case deadlines.

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IT IS THEREFORE STIPULATED that:

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1.

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Instead of filing a stipulated ESI Protocol or joint letter brief to the Court on or

before March 17, 2015, the Parties shall submit a stipulated ESI Protocol on or before March 24,

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2015 to the extent the Parties resolve their dispute and are able to reach an agreement by that

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time.

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2.

To the extent the Parties have not reached an agreement as to an ESI Protocol by

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that time, the Parties shall provide an update on the progress of their efforts to the Court in their

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updated Joint Case Management Conference Statement due to be filed on March 24, 2015, with a

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proposed schedule for resolving the dispute.

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3.

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IT IS SO STIPULATED.

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All other deadlines remain unchanged.

DATED: March 16, 2015

SEYFARTH SHAW LLP
By: /s/ Joseph J. Orzano
Jay W. Connolly
Giovanna A. Ferrari
Joseph J. Orzano

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Attorneys for Defendant
WHOLE FOODS MARKET GROUP, INC.

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DATED: March 16, 2015

SCOTT COLE & ASSOCIATES, APC
By: /s/ Molly A. Desario
Matthew R. Bainer
Molly a. DeSario

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Attorneys for Plaintiffs
MARY GARRISON and GRACE
GARRISON, individually and on behalf of all
other similarly situated

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:13-cv-05222-VC

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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1.

Instead of filing a stipulated ESI Protocol or joint letter brief to the Court on or

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before March 17, 2015, the Parties shall submit a stipulated ESI Protocol on or before March 24,

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2015 to the extent the Parties resolve their dispute and are able to reach an agreement by that

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time.

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2.

To the extent the Parties have not reached an agreement as to an ESI Protocol by

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that time, the Parties shall provide an update to the Court in their updated Joint Case

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Management Conference Statement due to be filed on March 24, 2015, with a proposed schedule

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for resolving the dispute.
3.

All other deadlines remain unchanged.

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March 18, 2015
DATED: _________________
HON. VINCE CHHABRIA
United States District Court Judge

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19276391v.1

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:13-cv-05222-VC