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

Filing 54

Order by Hon. Vince Chhabria granting 53 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 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.
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WHOLE FOODS MARKET CALIFORNIA,
INC., et al.,
Defendants.

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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 Defendants WHOLE FOODS MARKET CALIFORNIA, INC. and MRS. GOOCH’S

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NATURAL FOOD MARKETS, INC. (collectively “Defendants”), by and through their

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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

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

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brief outlining any dispute regarding the ESI Protocol by March 3, 2015. (Dkt. 50.)

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

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 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

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

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DATED: March 16, 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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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
1.

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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.

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