Dana Rhinerson, et al -v- Van's International Foods, Inc.
Filing
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Order by Hon. Vince Chhabria granting (91) Stipulation to Deem Defendant Van's International Food's Answer to Plaintiffs' Complaint Applicable to Plaintiffs' First Amended Consolidated Complaint.Associated Cases: 3:13-cv-05923-VC, 3:15-cv-01509-VC, 3:15-cv-01723-VC(knm, COURT STAFF) (Filed on 7/9/2015)
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MAYER BROWN LLP
Dale J. Giali (Cal. Bar No. 150382)
dgiali@mayerbrown.com
Keri E. Borders (Cal. Bar. No. 194015)
kborders@mayerbrown.com
Rebecca B. Johns (Cal. Bar. No. 293989)
rjohns@mayerbrown.com
350 South Grand Avenue
25th Floor
Los Angeles, CA 90071-1503
Telephone: (213) 229-9500
Facsimile: (213) 625-0248
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Attorneys for Defendant
VAN’S INTERNATIONAL FOODS
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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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DANA RHINERSON, and AIDIN MORADI,
individually, and on behalf of all others
similarly situated,
Lead Case No. 3:13-cv-05923-VC
Case No.: 3:15-cv-01509-VC
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Plaintiffs,
Case No.: 3:15-cv-01723-VC
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v.
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VAN’S INTERNATIONAL FOODS, d/b/a
Vans Natural Foods,
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Defendants.
STIPULATION AND [PROPOSED]
ORDER TO DEEM DEFENDANT
VAN’S INTERNATIONAL FOOD’S
ANSWER TO PLAINTIFFS’
COMPLAINT APPLICABLE TO
PLAINTIFFS’ FIRST AMENDED
CONSOLIDATED COMPLAINT
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PATRICIA CAMPBELL, an individual, on her
own behalf and on behalf of all others similarly
situated,
Plaintiff,
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v.
VAN’S INTERNATIONAL FOODS, INC., an
Arizona corporation,
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Defendants.
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DREYER’S RESPONSES TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES; CASE NO. C11-0290 EMC
CONSOLIDATED WITH C11-3164 EMC
716802229.1
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GREGORY FREI, individually and on behalf of
all others similarly situated,
Plaintiff,
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v.
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VAN’S INTERNATIONAL FOODS, INC., a
California Corporation,
Defendants.
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Pursuant to Civil Local Rule 7-12, plaintiffs and Defendant Van’s International Foods
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(“Van’s”), by and through their attorneys of record, stipulate as follows:
WHEREAS, on July 16, 2014, Van’s filed an Answer to plaintiffs’ Complaint. ECF No.
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54.
WHEREAS, on October 22, 2014, plaintiffs filed a First Amended Complaint solely to
correct Van’s legal name to not contain the entity designation “Inc.” ECF No. 67.
WHEREAS, on November 25, 2014, Van’s filed a Stipulation to Deem Answer
Applicable to First Amended Complaint. ECF No. 68.
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WHEREAS, on June 29, 2015, plaintiffs in the three above-captioned actions filed a First
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Amended Consolidated Complaint, virtually identical to the First Amended Complaint filed on
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October 22, 2014. See ECF No. 89.
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WHEREAS, counsel for both Parties met and conferred with respect to Van’s Answer to
the First Amended Consolidated Complaint.
WHEREAS, both parties agreed that Van’s previously filed Answer should be deemed to
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apply to plaintiffs’ First Amended Consolidated Complaint.
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Parties,
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through their respective counsel of record, as follows:
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1.
Defendant Van’s International Foods (Van’s) shall not be required to answer
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plaintiffs’ First Amended Consolidated Complaint, filed on June 29, 2015, at ECF No. 89. In
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addition, all denials, responses, and affirmative defenses contained in Van’s Answer, filed on
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July 16, 2014, at ECF No. 54, shall be deemed to be Van’s denials, responses, and affirmative
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STIPULATION TO APPLY ANSWER TO CONSOLIDATED COMPLAINT; LEAD CASE NO. 3:13CV5923-VC
716802229.1
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defenses to the First Amended Consolidated Complaint.
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In particular, Van’s Answer to paragraphs 1 through 8 of the Complaint shall be
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deemed to answer paragraphs 1 through 11 of the First Amended Consolidated Complaint.
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Van’s Answer to paragraphs 9 through 123 of the Complaint shall be deemed to answer
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paragraphs 12 through 126 of the First Amended Consolidated Complaint. Van’s Answer to
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paragraphs 124 through 125 of the Complaint shall be deemed to answer paragraph 127 of the
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First Amended Consolidated Complaint. Van’s Answer to paragraphs 126 through relief sought
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in the Complaint shall be deemed to respond to paragraphs 128 through relief sought in the First
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Amended Consolidated Complaint.
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IT IS SO STIPULATED.
Dated: July 7, 2015
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MAYER BROWN LLP
By:
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Dated: July 7, 2015
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/s/ Keri E. Borders
Keri E. Borders
Attorneys for Defendant
Van’s International Foods
SCOTT COLE & ASSOCIATES, APC
By:
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/s/ Christopher B. Johnson
Christopher B. Johnson
Attorneys for Representative Plaintiffs
and the Plaintiff Classes
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ATTESTATION
I, Keri E. Borders, hereby attest, pursuant to N.D. Cal. Local Rule 5-1(i)(3) that
concurrence to the filing of this document has been obtained from each signatory.
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By:
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/s/ Keri E. Borders
Keri E. Borders
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STIPULATION TO APPLY ANSWER TO CONSOLIDATED COMPLAINT; LEAD CASE NO. 3:13CV5923-VC
716802229.1
[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: July 9, 2015
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_____________________________________
HON. VINCE CHHABRIA
United States District Judge
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STIPULATION TO APPLY ANSWER TO CONSOLIDATED COMPLAINT; LEAD CASE NO. 3:13CV5923-VC
716802229.1
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