Tsan et al. v. Seventh Generation, Inc.

Filing 70

STIPULATION AND ORDER re 69 STIPULATION WITH PROPOSED ORDER to Stay the Case Management Schedule filed by Erica Wildstein, Maggie Tsan. Signed by Judge Jon S. Tigar on July 6, 2016. (wsn, COURT STAFF) (Filed on 7/6/2016)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MAGGIE TSAN and ERICA WILDSTEIN,
on behalf of themselves and all others
similarly situated,

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Plaintiffs,

SEVENTH GENERATION, INC.,
Defendant.

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601176/1/SANFRANCISCO

RENEWED STIPULATION AND
[PROPOSED] ORDER TO STAY THE
CASE MANAGEMENT SCHEDULE
Civil L.R. 6-2

v.

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Case No. 3:15-CV-00205-JST

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STIPULATION
Pursuant to Civil L.R. 6-2, Plaintiffs Maggie Tsan and Erica Wildstein (“Plaintiffs”) and

3 Defendant Seventh Generation, Inc. (“Defendant,” and Plaintiffs and Defendant, collectively the
4 “Parties”), by and through their undersigned counsel, stipulate as follows, subject to a Court
5 Order approving the stipulation:
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WHEREAS, on January 11, 2016, the Court entered a Stipulation and Order to Extend

7 Deadlines (ECF No. 64) setting the following case management schedule:
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Factual Discovery Deadlines

April 25, 2016

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Initial Class Certification Expert Disclosures

May 16, 2016

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Rebuttal Class Certification Expert Disclosures

June 15, 2016

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Class Certification Expert Discovery Deadlines

July 13, 2016

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Deadline to Amend Pleadings

July 26, 2016

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Deadline to File Class Certification Motion

August 29, 2016

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Response to Class Certification Motion

September 29, 2016

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Reply in Support of Class Certification

October 13, 2016

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Further Case Management Conference

December 1, 2016;

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WHEREAS, on April 12, 2016, the Parties filed a Stipulation to Stay the Case

18 Management Schedule and informed the Court that a settlement in principle was reached (ECF
19 No. 67);
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WHEREAS, on April 13, 2016, the Court denied the Stipulation to Stay the Case

21 Management Schedule, but agreed to revisit a renewed request to stay the case after the Parties
22 file a Motion for Preliminary Approval of Settlement (ECF No. 68);
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WHEREAS, on July 1, 2016, the Parties filed a Settlement Agreement and Memorandum

24 of Law in Support of Plaintiffs’ Unopposed Motion for Preliminary Approval of Settlement,
25 Preliminary Certification of Settlement Class, And Approval of Notice Plan in the Southern
26 District of New York, 7:14-CV-09087-KMK (ECF No. 43.), where a similar action is pending;
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WHEREAS, immediately preceding the filing of the Settlement Agreement in the

28 Southern District of New York, for settlement purposes, Plaintiffs filed an Amended Complaint,
which Plaintiffs to the New York for purposes of administering the Settlement;
RENEWED STIPULATION AND [PROPOSED] ORDER TO STAY THE CASE MANAGEMENT SCHEDULE
Tsan et al. v. Seventh Generation, Inc., No. 3:15-CV-00205-JST
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WHREEAS, in the interests of judicial economy and preserving resources, the Parties

2 respectfully request the Court grant a temporary stay of the case management schedule pending
3 the administration of the Settlement in the Southern District of New York;
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WHEREAS, upon the entry of Final Approval of the class action settlement in the

5 Southern District of New York, the Parties will file a stipulation of dismissal of this action;
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WHEREAS, if for some reason Final Approval does not occur, within 7 days of the

7 denial of Final Approval, the Parties will request a status conference with this Court to reinstate a
8 case management schedule;
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WHEREAS, the Parties will file, on or before September 30, 2016, a notice of voluntarily

10 dismissal, or alternatively, a joint status report advising the Court on the status of the
11 administration of the Settlement in the Southern District of New York.
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WHEREAS, the schedule in this matter has been modified−via stipulation of the Parties

13 and order of the Court−on three previous occasions: (1) on February 27, 2015, extending the
14 time for Defendant to Answer the Complaint and Plaintiffs to Oppose Defendant’s Motion to
15 Transfer (EFC No. 17); (2) on July 17, 2015, extending the briefing schedules on Defendant’s
16 Motion to Strike, Motion to Dismiss, and Request for Judicial Notice (ECF No. 41); and (3) on
17 January 11, 2016, extending the deadlines on the case management order (ECF No. 64);
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WHEREAS, the Parties agree this Stipulation shall have no force or effect unless the

19 Court approves the Stipulation and enters the [Proposed] Order set forth below;
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NOW, THEREFORE, pursuant to Civil L.R. 6-2, the Parties hereby stipulate and request

21 the Court enter an Order for the following relief:
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(i)

A temporary stay of the case management schedule; and

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(ii)

An order requiring the parties to file, on or before September 30, 2016, a notice of

24 voluntarily dismissal, or alternatively, a joint status report advising the Court on the status of the
25 case.
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RENEWED STIPULATION AND [PROPOSED] ORDER TO STAY THE CASE MANAGEMENT SCHEDULE
Tsan et al. v. Seventh Generation, Inc., No. 3:15-CV-00205-JST
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Date: July 1, 2016

By: /s/ Melissa W. Wolchansky
Melissa W. Wolchansky (admitted pro hac vice)
[e-mail]
1650 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
Telephone: [phone]
Facsimile: [phone]

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Michael R. Reese (SBN 206773)
[e-mail]
REESE LLP
100 West 93rd Street, 16th Floor
New York, New York 10025
Telephone: [phone]
Facsimile: [phone]

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Jeffrey D. Kaliel
[e-mail]
TYCKO & ZAVAREEI LLP
1828 L Street, N.W., Suite 1000
Washington, D.C. 20036
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Maggie Tsan and Erica
Wildstein and the Proposed Class

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HALUNEN LAW

Date: July 1, 2016

MINTZ LEVIN COHN FERRIS GLOVSKY
AND POPEO P.C.
By: /s/ Daniel J. Herling
Daniel J. Herling (SBN 103711)
[e-mail]
44 Montgomery Street 36th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Seventh Generation, Inc.

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RENEWED STIPULATION AND [PROPOSED] ORDER TO STAY THE CASE MANAGEMENT SCHEDULE
Tsan et al. v. Seventh Generation, Inc., No. 3:15-CV-00205-JST
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ATTESTATION
I hereby attest that I have on file written authorization for any signatures indicated by a

3 “conformed” signature (/s/) in this e-filed document.
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/s/ Melissa W. Wolchansky
Melissa W. Wolchansky

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RENEWED STIPULATION AND [PROPOSED] ORDER TO STAY THE CASE MANAGEMENT SCHEDULE
Tsan et al. v. Seventh Generation, Inc., No. 3:15-CV-00205-JST
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATE: July 6, 2016
HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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RENEWED STIPULATION AND [PROPOSED] ORDER TO STAY THE CASE MANAGEMENT SCHEDULE
Tsan et al. v. Seventh Generation, Inc., No. 3:15-CV-00205-JST
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