Sciortino et al v. Pepsico, Inc.

Filing 91

STIPULATION AND ORDER re 90 STIPULATION WITH PROPOSED ORDER re 82 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint RE-SETTING HEARING TO FEBRUARY 12, 2015 filed by Pepsico, Inc., Set/Reset Deadlines as to 90 STIPULATION WITH PROPOSED ORDER re 82 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint RE-SETTING HEARING TO FEBRUARY 12, 2015, 82 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint. Motion Hearing set for 2/12/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 1/21/15. (bpfS, COURT STAFF) (Filed on 1/21/2015)

1
2
3
4
5
6
7
8
9
10

GIBSON, DUNN & CRUTCHER LLP
ANDREW S. TULUMELLO, SBN 196484
[e-mail]
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
Telephone: [phone]
Facsimile: 202.467.0539
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
SAPNA D. PANDYA, SBN 266882
[e-mail]
LAUREN M. BLAS, SBN 296823
[e-mail]
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520

15

ARNOLD & PORTER LLP
TRENTON H. NORRIS, SBN 164781
[e-mail]
SARAH ESMAILI, SBN 206053
[e-mail]
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.471.3400

16

Attorneys for Defendant PepsiCo, Inc.

11
12
13
14

17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19

SAN FRANCISCO DIVISION

20

STACY SCIORTINO, et al., on behalf of
themselves and all others similarly situated,

21
Plaintiffs,

CASE NO. 14-CV-478-EMC,
consolidated for pre-trial purposes with
Case Nos. 14-713, 14-1099, 14-1105,
14-1192, 14-1193, 14-1316, 14-2023

22
v.

PUTATIVE CLASS ACTION

23
PEPSICO, INC., a North Carolina Corporation,
24
Defendant.
25
26

STIPULATION AND [PROPOSED]
ORDER RE-SETTING HEARING ON
DEFENDANT PEPSICO, INC.’S
MOTION TO DISMISS PLAINTIFFS’
CONSOLIDATED AMENDED
COMPLAINT FROM JANUARY 29, 2015
TO FEBRUARY 12, 2015

27
The Honorable Edward M. Chen
28
STIPULATION AND [PROPOSED] ORDER RE: HEARING ON DEFENDANT’S MOTION TO DISMISS
PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT

STIPULATION

1
2

WHEREAS, on August 25, 2014, Plaintiffs filed their Consolidated Amended Complaint;

3

WHEREAS, on October 24, 2014, Defendant PepsiCo, Inc. filed its Motion to Dismiss

4
5
6
7

Plaintiffs’ Consolidated Amended Complaint;
WHEREAS, Defendant’s Motion to Dismiss Plaintiffs’ Consolidated Amended Complaint
is presently scheduled to be heard on January 29, 2015 at 1:30 p.m.;
WHEREAS, due to a scheduling conflict of certain defense counsel, the parties have agreed

8

to seek to re-set the hearing on Defendant’s Motion to Dismiss from January 29, 2015 to February

9

12, 2015; and

10
11
12

WHEREAS, this stipulation will not alter the date of any other event or deadline already
fixed by the Court or the parties;
NOW THEREFORE, the parties stipulate that, subject to Court approval, the hearing on

13

Defendant’s Motion to Dismiss Plaintiffs’ Consolidated Amended Complaint shall be re-set to

14

February 12, 2015 at 1:30 p.m., or as soon thereafter as the Court may order.

15
16

IT IS SO STIPULATED.
Dated: January 21, 2015

Respectfully submitted,
ARNOLD & PORTER LLP

17
18

By:/s/ Trenton H. Norris
TRENTON H. NORRIS

19

Attorneys for Defendant PepsiCo, Inc.

20
21

Dated: January 21, 2015

PEARSON, SIMON & WARSHAW, LLP

22
23
24
25
26
27

By: /s/ Daniel L. Warshaw
DANIEL L. WARSHAW
Interim Co-Lead Counsel for Plaintiffs
GLANCY BINKOW & GOLDBERG LLP
By: /s/ Marc L. Godino
MARC GODINO
Interim Co-Lead Counsel for Plaintiffs

28
-1STIPULATION AND [PROPOSED] ORDER RE: HEARING ON DEFENDANT’S MOTION TO DISMISS
PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT

1
2
3
4

ATTESTATION
Pursuant to Civil Local Rule 5-1, I, Trenton H. Norris, attest that all signatories listed, and
on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing.
/s/ Trenton H. Norris
Trenton H. Norris

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2STIPULATION AND [PROPOSED] ORDER RE: HEARING ON DEFENDANT’S MOTION TO DISMISS
PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT

1

ORDER

2

Having considered the parties’ stipulation, the Court hereby orders that the hearing on

3

Defendant PepsiCo, Inc’s Motion to Dismiss Plaintiffs’ Consolidated Amended Complaint is re-set

4

to February 12, 2015 at 1:30 p.m. The previously scheduled hearing date of January 29, 2015 for

5

Defendant’s Motion To Dismiss Plaintiffs’ Consolidated Amended Complaint is vacated.

S

O ORD

IT IS S

10
J

13

A

H

ER

LI

RT

12

. Chen

ward M
udge Ed

NO

11

R NIA

9

Hon. Edward M. Chen
United States ERED Court Judge
District

FO

8

1/21/15

DATED: ________________________

S DISTRICT
TE
C
TA
______________________________

RT
U
O

7

IT IS SO ORDERED.

UNIT
ED

6

N

F
D IS T IC T O
R

C

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3STIPULATION AND [PROPOSED] ORDER RE: HEARING ON DEFENDANT’S MOTION TO DISMISS
PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT