Bicek v. C&S Wholesale Grocers, Inc. et al

Filing 10

ORDER GRANTING STIPULATION TO CHANGE TIME 9 . Deadlines reset as to Third Party Motion to Quash 8 : Responses due by 7/12/2013; Replies due by 7/19/2013. Motion Hearing set for 7/31/2013 01:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 7/5/13. (lmh, COURT STAFF) (Filed on 7/5/2013)

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COOLEY LLP
JOSHUA O. MATES (221068) ([e-mail])
NATHAN J KLEINER (275881) ([e-mail])
101 California Street
5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Third-Party
Natural Selections Foods, LLC

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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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DENNIS BICEK, individually and on behalf
of all other member of the general public
similarly situated, and on behalf of aggrieved
employees pursuant to the Private Attorney
General Act (“PAGA”),

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Plaintiff,

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Case No. 3:13-mc-80130 RS
Eastern District of California
Case No. 2:13-cv-00411-MCE-KJN
STIPULATION AND [PROPOSED] ORDER
TO CHANGE TIME

v.
Courtroom: A -15th Floor
Judge:
Hon. Magistrate Judge
Nathanael M. Cousins

C&S WHOLESALE GROCERS, INC., a
Vermont Corporation; TRACY LOGISTICS,
LLC, an unknown business entity, and DOES
1-100 inclusive,

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Defendants.
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WHEREAS, pursuant to Local Rules 6-2 and 7-12, Third-Party Natural Selection Foods,

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LLC, d/b/a Earthbound Farm (“Earthbound”), Plaintiff Dennis Bicek (“Plaintiff”), and

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Defendants C&S Wholesale Grocers, Inc. and Tracy Logistics, LLC (“Defendants”) submit this

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Stipulation and Proposed Order to amend the briefing schedule regarding pending motions to

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quash a subpoena served on Earthbound by Defendants. This Stipulation and Proposed Order is

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supported by the Declaration of Joshua O. Mates ISO this Stipulation and Proposed Order to

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Change Time (“Mates Decl.”).

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1324904 SF

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-MC-80130 RS

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WHEREAS, on June 6, 2013, Defendants served Earthbound with a Subpoena To Produce

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Documents, Information, Or Objects Or to Permit Inspection of Premises in a Civil Action (the

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“Subpoena”) issued from this Court, and served notice of the Subpoena on Plaintiff.

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WHEREAS, Plaintiff filed an amended motion to quash the Subpoena on June 21, 2013 in

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this Court. (Dkt. 5) (“Amended Plaintiff Dennis Bicek’s Notice of Motion and Motion to Quash

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Defendants’ Subpoena to Earthbound Farm Organic, LLC; Memorandum of Points and

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Authorities in Support Thereof”) (“Plaintiff’s Motion”).

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WHEREAS, Earthbound is filing a motion to quash the Subpoena on July 3, 2013 in this

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Court. (“Third-Party Natural Selection Foods, LLC’s Notice of Motion and Motion to Quash

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Defendants’ Subpoena; Memorandum Of Points And Authorities In Support Thereof”)

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(“Earthbound’s Motion”).

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WHEREAS, Earthbound’s Motion and Plaintiff’s Motion concern the same Subpoena

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(and the same documents requested to be produced pursuant to the Subpoena), and any responses

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to such motions filed by Defendants, as well as any subsequent replies filed by Plaintiff and

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Earthbound, will concern the same Subpoena and requested documents.

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WHEREAS, the Court has set deadlines with respect to Plaintiff’s Motion that require
responses to be filed by July 5, 2013 and replies to be filed by July 12, 2013.

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WHEREAS, the Court has scheduled a date for Plaintiff’s Motion to be heard on July 24,
2013 at 1:00 P.M. (Dkt. 7.)

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WHEREAS, it is in the interests of judicial efficiency and reflects the best use of all
parties’ time for the Court to hear these matters at the same time.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
the parties hereto, by their undersigned attorneys, that:

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1. The briefing schedule for Defendants’ responses to Plaintiff’s Motion and Earthbound’s
Motion will be modified such that any such responses must be filed on or before July 12, 2013;

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2. The briefing schedule for Earthbound and Plaintiff’s replies to Defendants’ responses,

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if any, will be modified such that any such replies must be filed on or before July 19, 2012; and

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///

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1324904 SF

2.

STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-MC-80130 RS

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3. The hearing date for Plaintiff’s Motion and Earthbound’s Motion will be scheduled to

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occur on July 31, 2013, at 1:00 p.m.

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IT IS SO STIPULATED.

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Dated: July 3, 2013

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COOLEY LLP
JOSHUA O. MATES (221068)

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/s/ Joshua O. Mates
Joshua O. Mates (221068)
Attorneys for Third-Party

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Dated: July 3, 2013

LAWYERS FOR JUSTICE, PC
JILL J. PARKER (274230)

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/s/ Jill J. Parker
Jill J. Parker (274230)
Attorneys for Plaintiff

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Dated: July 3, 2013

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SEYFARTH SHAW LLP
ANDREW M. MCNAUGHT (209093)

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/s/ Andrew M. McNaught
Andrew M. McNaught (209093)
Attorneys for Defendants

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ATTESTATION OF FILER

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Pursuant to Local Rule 5-1 regarding signatures, I attest under penalty of perjury that
concurrence in the filing of this document has been obtained from its signatory.

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Dated: July 3, 2013

COOLEY LLP
JOSHUA O. MATES (221068)
NATHAN J. KLEINER (275881)

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/s/ Joshua O. Mates
Joshua O. Mates (221068)
Attorneys for Third-Party
NATURAL SELECTION FOODS, LLC

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1324904 SF

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-MC-80130 RS

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Dated: July __, 2013

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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GRAN

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thanael M
Judge Na

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. Cousins

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THE HONORABLE NATHANAEL M. COUSINS
United States Magistrate Judge

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1324904 SF

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:13-MC-80130 RS