Backus v. H.J. Heinz Company

Filing 17

STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re #16 STIPULATION. Case Management Conference continued to 10/6/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 09/21/2015. (jmdS, COURT STAFF) (Filed on 9/21/2015)

1 ROBERT D. PHILLIPS, JR. (SBN: 82639)
Email: [e-mail]
2 THOMAS A. EVANS (SBN 202841)
Email: [e-mail]
3 REED SMITH LLP
101 Second Street, Suite 1800
4 San Francisco, CA 94105
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
H. J. HEINZ COMPANY
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NORTHERN DISTRICT OF CALIFORNIA

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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SAN FRANCISCO

11 TROY BACKUS,
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Case No. 3:15-CV-02738-WHO
Plaintiff,

STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT;
STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE

13 v.
14 H. J. HEINZ COMPANY,
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Defendant.
The Honorable William H. Orrick

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Complaint Filed: June 18, 2015
Trial Date: None Set

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

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Pursuant to Civil L.R. 6-1(a), defendant H. J. Heinz Company (“Heinz”) and plaintiff Troy

2 Backus stipulate and agree to extend Heinz’s time to respond to the Complaint in this matter by an
3 additional fourteen (14) days, until October 9, 2015. On September 9, 2015, the parties stipulated to
4 extend Heinz’s time to respond by fourteen days, until September 25, 2015.
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This stipulated extension will not affect any event or deadline that has been set by the Court.

6 The Court has previously granted a stipulated request for an additional week for Backus to respond
7 to any motion filed by Heinz in response to the Complaint. This extension will remain and run from
8 the date of Heinz’s filing of any motion in response to the Complaint.
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Pursuant to Civil L.R. 6-1(b) and 6-2, the parties further stipulate to and request that the

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 Court continue the Case Management Conference from September 23, 2015, at 2:00 p.m. to October
11 6, 2015, at 2:00 p.m. or a later date. The parties are discussing a resolution of this matter that will
12 result in the dismissal of this action. Good cause exists for the requested continuance because
13 continuing the Case Management Conference will allow both the parties and the Court to avoid
14 expending unnecessary time and resources preparing for and attending the scheduled proceeding
15 while the parties continue negotiations.
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17 DATED: September 18, 2015

THE WESTON FIRM

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By: /s/ Gregory S. Weston________
Gregory S. Weston
Attorneys for Plaintiff TROY BACKUS
and the proposed class.

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23 DATED: September 18, 2015

REED SMITH LLP

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By:__/s/ Thomas A. Evans
Thomas A. Evans
Robert D. Phillips, Jr.
Attorneys for Defendant
H. J. HEINZ COMPANY

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

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ATTESTATION

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I, Thomas A. Evans, am the ECF User whose identification and password are being used to
file this document. I hereby attest that the concurrence to the filing of this document has been
obtained from each signatory hereto.

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8 DATED: September 18, 2015

REED SMITH LLP

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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By: /s/ Thomas A. Evans
Thomas A. Evans
Robert D. Phillips, Jr.
Attorneys for Defendant
H. J. HEINZ COMPANY

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE

ORDER

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2

Pursuant to stipulation of the parties and good cause being shown, it is hereby ORDERED

3 that the Case Management Conference, currently set for September 23, 2015, at 2:00 p.m, is
4 continued to October 6, 2015, at 2:00 p.m
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6 IT IS SO ORDERED.
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_________________________________
The Honorable William H. Orrick
United States District Judge

8 Dated: September 21, 2015
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE