Sciortino et al v. Pepsico, Inc.

Filing 95

STIPULATION AND ORDER re 93 STIPULATION WITH PROPOSED ORDER re 82 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint Re-setting Hearing to February 19, 2015 filed by Mary Hall, Set/Reset Deadlines as to [ 93] STIPULATION WITH PROPOSED ORDER re 82 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint Re-setting Hearing to February 19, 2015, 82 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint. Motion Hearing set for 2/19/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/4/15. (bpf, COURT STAFF) (Filed on 2/4/2015)

1 BRUCE L. SIMON (Bar No. 96241)
[e-mail]
2 PEARSON, SIMON & WARSHAW, LLP
44 Montgomery Street, Suite 2450
3 San Francisco, California 94104
Telephone: [phone]
4 Facsimile: [phone]

15165 VENTURA BOULEVARD, SUITE 400
SHERMAN OAKS, CALIFORNIA 91403

PEARSON, SIMON & WARSHAW, LLP

5 DANIEL L. WARSHAW (Bar No. 185365)
[e-mail]
6 PEARSON, SIMON & WARSHAW, LLP
15165 Ventura Boulevard, Suite 400
7 Sherman Oaks, California 91403
Telephone: [phone]
8 Facsimile: [phone]
9 MARC L. GODINO (Bar No. 182689)
[e-mail]
10 GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
11 Los Angeles, California 90067
Telephone: [phone]
12 Facsimile: [phone]
13 Interim Co-Lead Counsel for Plaintiffs and the
Proposed Class
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[Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

19 STACY SCIORTINO, et al., on behalf of
themselves and all others similarly situated,
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Plaintiffs,
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v.
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PEPSICO, INC., a North Carolina
23 Corporation,

CASE NO. C 14-0478-EMC
Consolidated with Nos. 14-0713, 14-1099, 141105, 14-1192, 14-1193, 14-1316, 14-2020,
14-2023
CLASS ACTION

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STIPULATION AND [PROPOSED]
ORDER RE-SETTING HEARING ON
DEFENDANT PEPSICO, INC.’S MOTION
TO DISMISS PLAINTIFFS’
CONSOLIDATED AMENDED
COMPLAINT FROM FEBRUARY 12,
2015 TO FEBRUARY 19, 2015

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The Honorable Edward M. Chen

Defendant.

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862106.1

C 14-0478-EMC
STIPULATION AND [PROPOSED] ORDER RE-SETTING HEARING ON DEFENDANT PEPSICO, INC.'S
MOTION TO DISMISS

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

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

3 Plaintiffs’ Consolidated Amended Complaint;
WHEREAS, the parties previously stipulated, and the Court ordered, that the hearing on

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5 Defendant’s Motion to Dismiss be re-set from January 29, 2015 to February 12, 2015 to
6 accommodate a scheduling conflict for certain defense counsel (Dkt. No. 91);
WHEREAS, due to a new scheduling conflict for certain Plaintiffs’ counsel, the parties

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8 have agreed to seek to re-set the hearing on Defendant’s Motion to Dismiss from February 12,
9 2015 to February 19, 2015;
WHEREAS, this stipulation will not alter the date of any other event or deadline already

15165 VENTURA BOULEVARD, SUITE 400
SHERMAN OAKS, CALIFORNIA 91403

PEARSON, SIMON & WARSHAW, LLP

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11 fixed by the Court or the parties;
NOW THEREFORE, the parties stipulate that, subject to Court approval, the hearing on

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13 Defendant’s Motion to Dismiss shall be re-set to February 19, 2015 at 1:30 p.m., or as soon
14 thereafter as the Court may order.
IT IS SO STIPULATED.

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17 DATED: February 2, 2015

PEARSON, SIMON & WARSHAW, LLP

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By:

/s/ Daniel L. Warshaw
DANIEL L. WARSHAW
Attorneys for Plaintiffs

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DATED: February 2, 2015

GIBSON, DUNN & CRUTCHER LLP

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By: /s/ Christopher Chorba
CHRISTOPHER CHORBA
Attorneys for Defendant

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862106.1

C 14-0478-EMC
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STIPULATION AND [PROPOSED] ORDER RE-SETTING HEARING ON DEFENDANT PEPSICO, INC.'S
MOTION TO DISMISS

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ATTESTATION
Pursuant to Civil Local Rule 5-1, I, Daniel L. Warshaw, attest that all signatories listed,

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3 and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the
4 filing.
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6 DATED: February 2, 2015

PEARSON, SIMON & WARSHAW, LLP

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By:

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/s/ Daniel L. Warshaw
DANIEL L. WARSHAW

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15165 VENTURA BOULEVARD, SUITE 400
SHERMAN OAKS, CALIFORNIA 91403

PEARSON, SIMON & WARSHAW, LLP

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862106.1

C 14-0478-EMC
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STIPULATION AND [PROPOSED] ORDER RE-SETTING HEARING ON DEFENDANT PEPSICO, INC.'S
MOTION TO DISMISS

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

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3 Defendant PepsiCo, Inc.’s Motion to Dismiss Plaintiffs’ Consolidated Amended Complaint is re4 set to February 19, 2015 at 1:30 p.m. The previously scheduling hearing date of February 12,
5 2015 for Defendant’s Motion to Dismiss is vacated.
IT IS SO ORDERED.

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15165 VENTURA BOULEVARD, SUITE 400
SHERMAN OAKS, CALIFORNIA 91403

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PEARSON, SIMON & WARSHAW, LLP

ERED

Hon. Edward D Chen
O OR M.
IT IS S
United States District Court Judge

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UNIT
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2/4/15
7 DATED: __________________

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862106.1

C 14-0478-EMC
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STIPULATION AND [PROPOSED] ORDER RE-SETTING HEARING ON DEFENDANT PEPSICO, INC.'S
MOTION TO DISMISS