Hodsdon v. Mars, Inc. et al

Filing 31

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE TO COINCIDE WITH MOTION TO DISMISS HEARING DATE. Case Management Conference set for 1/28/2016 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 11/23/15. (cl, COURT STAFF) (Filed on 11/23/2015)

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STEVE W. BERMAN (admitted pro hac vice)
ASHLEY A. BEDE (admitted pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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ELAINE T. BYSZEWSKI (SBN 222304)
CHRISTOPHER R. PITOUN (SBN 290235)
HAGENS BERMAN SOBOL SHAPIRO LLP
301 N. Lake Avenue, Suite 203
Pasadena, CA 91101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff and the Proposed Class

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ROBERT HODSDON, on behalf of himself and
all others similarly situated,

Case No. 3:15-cv-04450-RS
CLASS ACTION

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Plaintiff,
v.
MARS, INC., a Delaware corporation, and
MARS CHOCOLATE NORTH AMERICA
LLC, a Delaware company,

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Defendants.

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JOINT STIPULATION;
[PROPOSED] ORDER
010545-12 825559 V1

JOINT STIPULATION TO
CONTINUE CASE MANAGEMENT
CONFERENCE TO COINCIDE
WITH MOTION TO DISMISS
HEARING DATE; [PROPOSED]
ORDER
Judge: Hon. Richard Seeborg
Ctrm.: 3

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Pursuant to Local Rules 6-1(b), 6-2(a), and 7-12, plaintiff Robert Hodsdon (“Plaintiff”) and

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defendants Mars, Inc. and Mars Chocolate North America, LLC (“Mars”) hereby stipulate to

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continue the case management conference date from January 7, 2016, at 10:00 a.m., to January 28,

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2016, at 10:00 a.m., in order to coincide with the hearing date on Mars’s motion pursuant to Federal

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Rule of Civil Procedure 12.

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WHEREAS, on October 21, 2015, the parties entered into a scheduling stipulation pursuant

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to Local Rule 6-1(a) by which Mars filed its motion on November 20, 2015, Plaintiff must oppose by

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December 14, 2015, and Mars must respond by December 23, 2015;

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WHEREAS, counsel for the parties conferred regarding a mutually convenient date for the
hearing on Mars’s motion;

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WHEREAS, Mars noticed the hearing on its motion for January 28, 2016;

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WHEREAS, in the interests of efficiency and conserving the resources of the parties and the

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Court, the parties agree that the initial case management conference scheduled for January 7, 2016,

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shall be continued to coincide with the hearing on Mars’s motion;

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WHEREAS, the new date for the case management conference is not sought for the purposes
of unnecessary delay; and

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WHEREAS, the parties have also agreed on a schedule to complete their Rule 26 obligations;

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE:

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1. The hearing on any motion filed by Mars pursuant to Federal Rule of Civil Procedure 12

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shall be on January 28, 2016, at 1:30 p.m., or on such other date ordered by the Court;

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2. The Case Management Conference shall take place on January 28, 2016 at 1:30 p.m., or
on such other date ordered by the Court for the hearing on Mars’s motion.

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3. The last day to (i) meet and confer regarding initial disclosures, early settlement, ADR

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process selection, and discovery plan, (ii) file ADR Certificate and (iii) file either

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Stipulation to ADR Process or Notice of Need for ADR Phone Conference shall be

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December 18, 2015 (previously December 17, 2015).

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4. The last day to file the Rule 26(f) report, complete initial disclosures or state objection in

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Rule 26(f) report, and file the Case Management Statement shall be January 15, 2016
JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
Case No. 3:15-cv-04450-RS

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(previously December 31, 2015).

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Respectfully submitted,

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DATED: November 23, 2015

HAGENS BERMAN SOBOL SHAPIRO LLP

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By: /s/ Elaine T. Byszewski
Elaine T. Byszewski (SBN 222304)
Christopher R. Pitoun (SBN 290235)
301 N. Lake Avenue, Suite 203
Pasadena, CA 91101
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs and the Proposed Class

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By: /s/ Stephen D. Raber
Stephen D. Raber (State Bar No. 121958)
Joelle S. Perry (State Bar No. 275244)
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
Washington, DC 20005
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Defendants Mars, Inc. and Mars
Chocolate North America, LLC

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SIGNATURE ATTESTATION

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I hereby attest that I have obtained the consent of Stephen D. Raber, counsel for Defendants,
for the filing of this stipulation.
By: /s/ Elaine T. Byszewski
Elaine T. Byszewski

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: ______________________
11/23/15

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__________________________________
The Honorable Richard Seeborg
United States District Judge

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JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
Case No. 3:15-cv-04450-RS

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