Dedrick v. Snack Factory, LLC

Filing 38

STIPULATION AND ORDER re 37 Staying Case And Vacating February 18, 2016 Case Management Conference filed by Snack Factory, LLC, Case stayed. Case Management Statement due by 5/19/2016. Case Management Conference set for 5/26/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/11/16. (bpf, COURT STAFF) (Filed on 2/11/2016)

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1 2 3 4 5 6 7 8 9 101 California Street San Francisco, CA 94111-5802 Winston & Strawn LLP 10 Amanda L. Groves (SBN: 187216) agroves@winston.com Sean D. Meenan (SBN: 260466) smeenan@winston.com WINSTON & STRAWN LLP 101 California Street, 35th Floor San Francisco, CA 94111-5802 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 Kiran H. Mehta (admitted pro hac vice) kiran.mehta@troutmansanders.com TROUTMAN SANDERS LLP 301 S. College Street Charlotte, NC 28202 Telephone: (704) 998-4050 Facsimile: (704) 998-4051 Attorneys for Defendant SNACK FACTORY, LLC 11 12 UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 17 18 19 20 IAN DEDRICK, individually and on behalf of ) all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) SNACK FACTORY, LLC, a New Jersey ) limited liability company, ) ) Defendant. ) ) Case No. 3:15-cv-01605-EMC STIPULATION AND [PROPOSED] ORDER STAYING CASE AND VACATING FEBRUARY 18, 2016 CASE MANAGEMENT CONFERENCE 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER STAYING CASE AND VACATING CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-01605-EMC 1 2 3 WHEREAS, on August 5, 2015, the parties filed a Notice of Settlement and [Proposed] Order Continuing Case Management Conference (the “Notice of Settlement”); WHEREAS, the Notice of Settlement explained that the parties had reached an agreement to 4 settle this action on an individual basis, contingent on final approval of a classwide settlement in 5 Barron, et al. v. Snyder’s-Lance, Inc., Case No. 0:13-cv-62496-JAL (United States District Court for 6 the Southern District of Florida) (“Barron”); 7 WHEREAS, if the class settlement is granted approval by the court in Barron, it would settle 8 and release the claims of Plaintiffs and the proposed class they seek to represent in the above- 9 captioned action. 101 California Street San Francisco, CA 94111-5802 Winston & Strawn LLP 10 WHEREAS, on September 22, 2015, the parties in Barron filed an Unopposed Motion for 11 Preliminary Certification of a Class for Settlement Purposes and Approval of Notice (the “Motion 12 for Preliminary Approval”); 13 WHEREAS, on February 4, 2016, the Barron court issued an order, stating, amongst other 14 things, that the court “has reviewed the Motion [for Preliminary Approval] and is prepared to enter 15 an Order granting preliminary approval of the class action settlement and leave to file a third 16 amended complaint . . . [but] the dates and deadlines included in the Proposed Order are no longer 17 feasible.” Accordingly, the Barron court ordered “that the Parties shall have until and including 18 February 12, 2016, to submit a new proposed Order Granting Preliminary Approval of Class Action 19 Settlement, and Leave to File Third Amended Complaint.” 20 21 WHEREAS, on November 10, 2015, this Court granted the parties’ stipulation to continue the November 19, 2015 Case Management Conference to February 18, 2016; 22 THEREFORE, the parties stipulate that, upon order of this Court, (1) the February 18, 2016 23 shall be vacated; (2) this action shall be stayed pending the court’s decision in Barron on whether to 24 grant final approval of the class settlement; (3) on or before May 19, 2016, the parties shall inform 25 this Court of the status of the Barron case; and (4) the parties shall provide further status reports to 26 this Court at ninety day intervals thereafter. 27 28 1 STIPULATION AND [PROPOSED] ORDER STAYING CASE AND VACATING CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-01605-EMC 1 2 Respectfully Submitted, Dated: February 9, 2016 3 By: /s/ Amanda L. Groves Amanda L. Groves (SBN: 187216) agroves@winston.com Sean D. Meenan (SBN: 260466) smeenan@winston.com Winston & Strawn LLP 101 California Street, 35th Floor San Francisco, CA 94111-5802 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 Kiran H. Mehta (admitted pro hac vice) kiran.mehta@troutmansanders.com Troutman Sanders LLP 301 South College Street, Suite 3400 Charlotte, NC 28202 Telephone: (704) 998-4072 Facsimile: (704) 998-4051 4 5 6 7 8 9 101 California Street San Francisco, CA 94111-5802 10 Winston & Strawn LLP WINSTON & STRAWN LLP 11 12 Attorneys for Defendant SNACK FACTORY, LLC 13 14 Dated: February 9, 2016 AHDOOT & WOLFSON, PC 15 16 By: /s/ Theodore W. Maya Theodore W. Maya (SBN: 223242) tmaya@ahdootwolfson.com Tina Wolfson (SBN: 174806) twolfson@ahdootwolfson.com Robert Ahdoot (SBN: 172098) rahdoot@ahdootwolfson.com AHDOOT & WOLFSON, P.C. 1016 Palm Ave. West Hollywood, California 90069 Telephone: (310) 474-9111 Facsimile: (310) 474-8585 17 18 19 20 21 22 Attorneys for Plaintiff, IAN DEDRICK 23 24 25 26 I, Amanda L. Groves, hereby attest that the concurrence to the filing of this document has been obtained from each signatory hereto. /s/ Amanda L. Groves 27 28 2 STIPULATION AND [PROPOSED] ORDER STAYING CASE AND VACATING CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-01605-EMC 1 [PROPOSED] ORDER 2 Pursuant to stipulation of the parties and for good cause showing, it is hereby ordered that 3 (1) the February 18, 2016 is vacated; (2) this action is stayed pending the court’s decision in Barron 4 v. Snyder’s-Lance, Inc., Case No. 0:13-cv-62496 (S.D. Fla) (“Barron”) on whether to grant final 5 approval of the class settlement; (3) on or before May 19, 2016, the parties shall inform the Court of 6 the status of the Barron case; and (4) the parties shall provide further status reports to the Court at 7 ninety day intervals thereafter. 14 16 R NIA . Chen ward M udge Ed J ER H 15 ERED O ORD D United States IS S Court E IT District Honorable Edward M. DIFI AS MO Chen FO 13 2/11/16 A 12 Dated: RT 101 California Street San Francisco, CA 94111-5802 11 NO Winston & Strawn LLP 10 S DISTRICT TE C TA RT U O S IT IS SO ORDERED. UNIT ED 9 LI 8 The 2/18/16 CMC is reset for 5/26/16 at 9:30 a.m. updated joint CMC statement shall be filed by 5/19/16. N F D IS T IC T O R C 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER STAYING CASE AND VACATING CASE MANAGEMENT CONFERENCE CASE NO. 3:15-cv-01605-EMC An

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