Troy Backus v. ConAgra, Inc.

Filing 109

ORDER STAYING CASE PENDING APPEALS (pursuant to 108 stipulation) by Judge William Alsup. Status Report due by 1/30/2018. (whalc2S, COURT STAFF) (Filed on 10/31/2017)

A. Brooks Gresham (SBN 155954)
1 McGuireWoods LLP
1800 Century Park East, 8th Floor
2 Los Angeles, CA 90067-1501
Telephone: [phone]
3 Facsimile: 310.315.8210
[e-mail]
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R. Trent Taylor (Pro Hac Vice)
5 McGuireWoods LLP
800 East Canal Street
6 Richmond, VA 23219-3916
Telephone: [phone]
7 Facsimile: 804.225.5409
[e-mail]
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9 Attorneys for Defendant ConAgra Foods, Inc.
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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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15 TROY BACKUS, on behalf of himself
and all others similarly situated
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No. 3:16-cv-00454-WHA
STIPULATION AND [PROPOSED]
ORDER STAYING CASE PENDING
APPEALS

Plaintiff,
vs.

Honorable William H. Alsup

CONAGRA FOODS, INC.,
Defendant.

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STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEALS
Backus v. ConAgra Foods, Inc., No. 3:16-cv-00454-WHA

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Plaintiff Troy Backus (“Plaintiff”) and Defendant ConAgra Foods, Inc. (“ConAgra”)

2 (collectively, “the Parties”), by and through their respective counsel of record, agree and stipulate
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WHEREAS Plaintiff filed a Class Action Complaint in the above-captioned action on

5 January 26, 2016;
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WHEREAS on December 22, 2016, this Court denied class certification on the grounds that

7 Plaintiff is an inadequate class representative (Dkt. No. 75);
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WHEREAS on January 25, 2017, Marjel McFaddin and Mark Beasley filed in this Court a

9 class action complaint against ConAgra, raising the same claims as Plaintiff based on essentially the
10 same facts (Class Action Compl., McFaddin v. ConAgra Brands, Inc., No. 3:17-cv-00387-WHA
11 (N.D. Cal. Jan. 25, 2017));
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WHEREAS on February 7, 2017, this Court ordered that McFaddin v. ConAgra Brands, Inc.

13 was related to the instant action (Dkt. No. 78);
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WHEREAS on March 14, 2017, this Court ordered that the pretrial deadlines in this action

15 be modified so as to coincide with the deadlines in McFaddin and that a Rule 30(b)(6) deposition
16 could be used equally in McFaddin or this action (Dkt. No. 90);
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WHEREAS on May 24, 2017, this Court ordered that McFaddin be stayed pending decisions

18 by the Court of Appeals for the Ninth Circuit in Hawkins v. The Kroger Co., Case No. 16-55532
19 (9th Cir.), and Hawkins v. AdvancePierre Foods, Inc., Case No. 16-56697 (9th Cir.) and ordered
20 that the parties file a joint status report by September 20, 2017, regarding the status of those appeals;
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WHEREAS on September 20, 2017, the Parties filed their First Joint Status Report and

22 requested a continuance of the stay in McFaddin;
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WHEREAS on September 21, 2017, this Court continued the stay in McFaddin and ordered

24 the parties in McFaddin to submit a second joint status report on the progress of those pending
25 appeals by January 30, 2018;
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WHEREAS the Parties request a stay of the proceedings and deadlines in this case to

27 coincide with the stay in McFaddin pending the appeals in The Kroger Co. and AdvancePierre
28 Foods, Inc.;

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STIPULATION AND [PROPOSED] ORDER STAYING THE CASE PENDING APPEALS
Backus v. ConAgra Foods, Inc., No. 3:16-cv-00454-WHA

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WHEREAS the Parties will submit a joint status report on the progress of those pending

2 appeals by January 30, 2018, should the Court grant this stay;
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WHEREAS the Parties do not seek this stay for any improper purpose;

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IT IS HEREBY STIPULATED, by and between the Parties through their respective counsel

5 and subject to this Court’s approval, that this case, its proceedings, and its deadlines are stayed
6 pending the decision of the United States Court of Appeals for the Ninth Circuit in the above7 referenced cases. The Parties agree to file a joint status report on the progress of the pending appeals
8 by January 30, 2018, at noon, and that future case management will be discussed once the stay is
9 lifted.
10 IT IS SO STIPULATED.
11 Dated: October 23, 2017

Respectfully submitted,

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By: /s/ Angela M. Spivey
A. Brooks Gresham (SBN 155954)
[e-mail]
McGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.315.8210
Angela M. Spivey (Pro Hac Vice)
[e-mail]
McGUIREWOODS LLP
1230 Peachtree Street, NE
Promenade, Suite 2100
Atlanta, Georgia 30309-3534
Telephone: [phone]
Facsimile: 404.443.5792

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R. Trent Taylor (Pro Hac Vice)
[e-mail]
McGUIREWOODS LLP
800 East Canal Street
Richmond, VA 23219
Telephone: [phone]
Facsimile: 804.225.5409

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Attorneys for ConAgra Foods, Inc.

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STIPULATION AND [PROPOSED] ORDER STAYING THE CASE PENDING APPEALS
Backus v. ConAgra Foods, Inc., No. 3:16-cv-00454-WHA

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By: /s/ Gregory Weston
Gregory Weston
[e-mail]
The Weston Firm
1405 Morena Blvd, Suite 201
San Diego, CA 92110
Telephone: [phone]
Facsimile: 480-247-4553

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Attorney for Plaintiff Troy Backus

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STIPULATION AND [PROPOSED] ORDER STAYING THE CASE PENDING APPEALS
Backus v. ConAgra Foods, Inc., No. 3:16-cv-00454-WHA

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ATTESTATION
I, Angela M. Spivey, hereby attest, pursuant to N.D. Cal. Local Rule 5.1(i)(3), that the

4 concurrence to the filing of this document has been obtained from each signatory hereto.
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__/s/ Angela M. Spivey_____
Angela M. Spivey

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STIPULATION AND [PROPOSED] ORDER STAYING THE CASE PENDING APPEALS
Backus v. ConAgra Foods, Inc., No. 3:16-cv-00454-WHA

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The case, its proceedings,

2 and its deadlines are stayed pending the decisions of the United States Court of Appeals for the
3 Ninth Circuit in Hawkins v. The Kroger Co., Case No. 16-55532 (9th Cir.), and Hawkins v.
4 AdvancePierre Foods, Inc., Case No. 16-56697 (9th Cir.). The Parties shall file a joint status
5 report on the progress of the pending appeals by January 30, 2018, at noon.
6 Dated: October 31, 2017.
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___________________________________________
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER STAYING THE CASE PENDING APPEALS
Backus v. ConAgra Foods, Inc., No. 3:16-cv-00454-WHA