Eddings et al v. DS Services of America, Inc. et al

Filing 29

AMENDED ORDER re 28 Order on Stipulation. Signed by Judge Vince Chhabria on 1/20/2016. (knm, COURT STAFF) (Filed on 1/20/2016)

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SEYFARTH SHAW LLP
Catherine M. Dacre (SBN 141988)
[e-mail]
Justin Curley (SBN 233287)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]

ALEXANDER KRAKOW + GLICK LLP
Michael S. Morrison (State Bar No. 205320)
401 Wilshire Boulevard, Suite 1000
Santa Monica, California 90401
T: 310 394 0888 | F: 310 394 0811
E: [e-mail]
LAW OFFICES OF KYLE TODD
Kyle J. Todd (State Bar No. 286370)
Daniel O’Neil-Ortiz (State Bar No. 269299)
611 Wilshire Boulevard, Suite 1000
Los Angeles, California 90017
T: [phone]
E: [e-mail]

SEYFARTH SHAW LLP
Heath A. Havey (SBN 244087)
[e-mail]
400 Capitol Mall, Suite 2350
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiffs
CHRIS EDDINGS, KENDALL HEATH, and
LINO GONZALEZ, as individuals, on behalf of
themselves, all others similarly situated, and the
general public

SEYFARTH SHAW LLLP
David D. Kadue (SBN 113578)
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendants
DS SERVICES OF AMERICA, INC.
(fka DS WATERS OF AMERICA, INC.) and
COSTCO WHOLESALE CORPORATION

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHRIS EDDINGS, KENDAL HEATH, and LINO
GONZALEZ, as individuals, on behalf of
themselves, all others similarly situated, and the
general public,,
Plaintiffs,

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Case No. 3:15-cv-2576
AMENDED
JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
(Removed from Superior Court Of
California, County Of Alameda, Case No.
RG15759224)

v.
DS WATERS OF AMERICA, INC., a
corporation; DS SERVICES OF AMERICA, INC.,
a corporation; COSTCO WHOLESALE
CORPORATION, a corporation; and DOES 1100,
Defendants.
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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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Pursuant to USDC ND Cal. Civil Local Rule 6, the Parties to the above-entitled action, Plaintiffs

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Chris Eddings, Kendal Heath, and Lino Gonzalez (“Plaintiffs”) and Defendants DS Services of America,

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Inc. and Costco Wholesale Corporation (“Defendants”) (collectively referred to herein as “the Parties”),

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by and through their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, an Initial Case Management Conference was held on September 22, 2015, wherein

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the parties requested to be allowed to participate in private mediation in January 2016, and the Court

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granted the request and set a further Case Management Conference for January 26, 2016, and with Case

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Management Statements due by January 19, 2016. (Dkt. 20.)

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WHEREAS, Plaintiffs and Defendants agreed to use mediator Jeffrey Ross for private mediation

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of this class action case. As of September 22, 2015, Jeffrey Ross only had one mediation date available

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in January that was prior to the Case Management Conference, but the parties were unable to mediate on

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that date due to conflicts. Therefore, the parties agreed to mediate on February 9, 2016. (Declaration of

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Heath A. Havey (“Havey Decl.”), at ¶2.)

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WHEREAS, Plaintiffs and Defendants met and conferred on January 11, 2016, and again on

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January 14, 2016, and agreed that the purpose of the further Case Management Conference, which is to

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discuss the results of private mediation, will best be served after mediation is completed, and agreed that

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it should be continued to February 23, 2016, or the next available date convenient for the Court, and

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further agreed that the purposes of the September 22, 2015 minute entry (EMF No. 20) would best be

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served if the due date for the Case Management Statements was continued to seven days before the Case

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Management Conference, or February 16, 2016. (Havey Decl., ¶3.)

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WHEREAS, the parties have not previously requested any time modification for this Case

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Management Conference, although the Court sua sponte changed the time of the Case Management

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Conference from 10:00 a.m. to 2:30 p.m. on January 14, 2016. (EMF No. 24; Havey Decl., ¶4.)

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WHEREAS, the parties, through counsel for Defendants Heath A. Havey, have submitted a
declaration compliant with USDC ND Cal. Civil Local Rule 6-2(a).

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NOW THEREFORE, the Parties stipulate and request that the Court enter an order that the

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January 26, 2016 Case Management Conference be continued to February 23, 2016, or the next

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available date convenient for the Court.
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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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NOW THEREFORE, the Parties stipulate and request that the Court enter an order that the

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updated Case Management Statements currently due on January 19, 2016, be continued to February 16,

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2016, or 7 days before the Case Management Conference.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: January 15, 2016

Respectfully submitted,
SEYFARTH SHAW LLP

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By:

/s/ Heath A. Havey
Catherine M. Dacre
Heath A. Havey
Attorneys for Defendants
DS SERVICES OF AMERICA, INC. (fka DS
WATERS OF AMERICA, INC.) and COSTCO
WHOLESALE CORPORATION

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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DATED: January 15, 2016

Respectfully submitted,

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ALEXANDER KRAKOW + GLICK LLP

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By:

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Attorneys for Plaintiffs

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/s/ Michael S. Morrison
Michael S. Morrison

DATED: January 15, 2016

Respectfully submitted,
LAW OFFICE OF KYLE TODD

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By:

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/s/ Kyle J. Todd
Kyle J. Todd
Daniel O’Neil-Ortiz
Attorneys for Plaintiffs

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CHRIS EDDINGS, KENDALL HEATH, AND
LINO GONZALEZ, as individuals, on behalf of
themselves, all others similarly situated, and the
general public.

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ORDER

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PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS ORDERED that:

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The January 26, 2016 Case Management Conference is continued to February 23, 2016 at 10:00

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a.m.

1:30 p.m.
The Case Management Statement currently due by January 19, 2016, is continued to February

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16, 2016.

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January 20, 2016
DATED: _____________________

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__________________________________
HON. VINCE CHHABRIA

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JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER