Garrison et al v. Whole Foods Market California, Inc. et al

Filing 52

Order by Hon. Vince Chhabria granting 51 Stipulation for Limited Modification to Scheduling Order.(knm, COURT STAFF) (Filed on 3/5/2015)

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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 Defendants
WHOLE FOODS MARKET CALIFORNIA, INC. and
MRS. GOOCH’S NATURAL FOOD MARKETS,
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. 3:14-CV-00334-VC
STIPULATION AND [PROPOSED]
ORDER FOR LIMITED
MODIFICATION TO SCHEDULING
ORDER

v.
WHOLE FOODS MARKET CALIFORNIA,
INC., et al.,

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Defendants.
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Pursuant to Local Rule 6-1(b), Plaintiffs MARY GARRISON and GRACE GARRISON,
individually, and on behalf of all others similarly situated (collectively “Plaintiffs”), on the one
hand, and Defendants WHOLE FOODS MARKET CALIFORNIA, INC. and MRS. GOOCH’S
NATURAL FOOD MARKETS, INC. (collectively “Defendants”), by and through their
undersigned counsel, hereby stipulate as follows:
WHEREAS, on February 11, 2015, the Court entered a minute entry setting forth several
case deadlines consistent with the Parties’ most recent Joint Case Management Conference

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:14-cv-00334-VC

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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. 50.)

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WHEREAS, Defendants have represented that since Defendants agreed to the proposed

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schedule, the ESI specialist dedicated to this case became ill and was out of the office and indeed

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hospitalized and as a result Defendants were delayed in preparing the draft ESI Protocol for

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Plaintiffs’ review and comment. Defendants have since drafted a proposed ESI Protocol and

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provided it to Plaintiffs for their review on March 2, 2015.

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WHEREAS, Plaintiffs desire additional time to review and comment on Defendants’
proposed ESI Protocol and Defendant do not oppose Plaintiffs’ request.
WHEREAS, the additional time the Parties seek to attempt to reach agreement on an ESI
Protocol without involvement by the Court 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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The deadline to submit a stipulated ESI Protocol or letter brief outlining any

dispute regarding the ESI Protocol is extended from March 3, 2015 to March 17, 2015.

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2.

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IT IS SO STIPULATED.

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All other case deadlines remain unchanged.

DATED: March 3, 2015

SEYFARTH SHAW LLP

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

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Attorneys for Defendants
WHOLE FOODS MARKET CALIFORNIA,
INC. and MRS. GOOCH’S NATURAL FOOD
MARKETS, INC.

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DATED: March 3, 2015

SCOTT COLE & ASSOCIATES, APC

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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. 3:14-cv-00334-VC

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
1.

The deadline to submit a stipulated ESI Protocol or letter brief outlining any

dispute regarding the ESI Protocol is extended from March 3, 2015 to March 17, 2015.
2.

All other case deadlines remain unchanged.

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March 5, 2015
DATED: _________________
HON. VINCE CHHABRIA
United States District Court Judge

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19182373v.1

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Stipulation to Modify Scheduling Order and [Proposed] Order / Case No. 3:14-cv-00334-VC