Dana Rhinerson, et al -v- Van's International Foods, Inc.

Filing 92

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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1 2 3 4 5 6 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 7 8 Attorneys for Defendant VAN’S INTERNATIONAL FOODS 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 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 15 Plaintiffs, Case No.: 3:15-cv-01723-VC 16 v. 17 18 VAN’S INTERNATIONAL FOODS, d/b/a Vans Natural Foods, 19 Defendants. STIPULATION AND [PROPOSED] ORDER TO DEEM DEFENDANT VAN’S INTERNATIONAL FOOD’S ANSWER TO PLAINTIFFS’ COMPLAINT APPLICABLE TO PLAINTIFFS’ FIRST AMENDED CONSOLIDATED COMPLAINT 20 21 22 23 PATRICIA CAMPBELL, an individual, on her own behalf and on behalf of all others similarly situated, Plaintiff, 24 25 26 v. VAN’S INTERNATIONAL FOODS, INC., an Arizona corporation, 27 Defendants. 28 DREYER’S RESPONSES TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES; CASE NO. C11-0290 EMC CONSOLIDATED WITH C11-3164 EMC 716802229.1 1 2 GREGORY FREI, individually and on behalf of all others similarly situated, Plaintiff, 3 v. 4 5 6 VAN’S INTERNATIONAL FOODS, INC., a California Corporation, Defendants. 7 Pursuant to Civil Local Rule 7-12, plaintiffs and Defendant Van’s International Foods 8 9 (“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. 10 11 12 13 14 15 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. 16 WHEREAS, on June 29, 2015, plaintiffs in the three above-captioned actions filed a First 17 Amended Consolidated Complaint, virtually identical to the First Amended Complaint filed on 18 October 22, 2014. See ECF No. 89. 19 20 21 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 22 apply to plaintiffs’ First Amended Consolidated Complaint. 23 THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, 24 through their respective counsel of record, as follows: 25 1. Defendant Van’s International Foods (Van’s) shall not be required to answer 26 plaintiffs’ First Amended Consolidated Complaint, filed on June 29, 2015, at ECF No. 89. In 27 addition, all denials, responses, and affirmative defenses contained in Van’s Answer, filed on 28 July 16, 2014, at ECF No. 54, shall be deemed to be Van’s denials, responses, and affirmative 1 STIPULATION TO APPLY ANSWER TO CONSOLIDATED COMPLAINT; LEAD CASE NO. 3:13CV5923-VC 716802229.1 1 2 defenses to the First Amended Consolidated Complaint. 2. In particular, Van’s Answer to paragraphs 1 through 8 of the Complaint shall be 3 deemed to answer paragraphs 1 through 11 of the First Amended Consolidated Complaint. 4 Van’s Answer to paragraphs 9 through 123 of the Complaint shall be deemed to answer 5 paragraphs 12 through 126 of the First Amended Consolidated Complaint. Van’s Answer to 6 paragraphs 124 through 125 of the Complaint shall be deemed to answer paragraph 127 of the 7 First Amended Consolidated Complaint. Van’s Answer to paragraphs 126 through relief sought 8 in the Complaint shall be deemed to respond to paragraphs 128 through relief sought in the First 9 Amended Consolidated Complaint. 10 11 IT IS SO STIPULATED. Dated: July 7, 2015 12 MAYER BROWN LLP By: 13 14 15 Dated: July 7, 2015 16 /s/ Keri E. Borders Keri E. Borders Attorneys for Defendant Van’s International Foods SCOTT COLE & ASSOCIATES, APC By: 17 18 /s/ Christopher B. Johnson Christopher B. Johnson Attorneys for Representative Plaintiffs and the Plaintiff Classes 19 20 21 22 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. 23 By: 24 /s/ Keri E. Borders Keri E. Borders 25 26 27 28 2 STIPULATION TO APPLY ANSWER TO CONSOLIDATED COMPLAINT; LEAD CASE NO. 3:13CV5923-VC 716802229.1 [PROPOSED] ORDER 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. 3 DATED: July 9, 2015 4 _____________________________________ HON. VINCE CHHABRIA United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION TO APPLY ANSWER TO CONSOLIDATED COMPLAINT; LEAD CASE NO. 3:13CV5923-VC 716802229.1

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