Cooper v. The Quaker Oats Company

Filing 16

ORDER GRANTING 15 STIPULATION TO TRANSFER CASE.(whalc2, COURT STAFF) (Filed on 7/13/2016)

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1 2 3 4 5 6 ANDREW S. TULUMELLO, SBN 196484 atulumello@gibsondunn.com GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. Washington, DC 11101 Telephone: 202.955.8500 Facsimile: 202.467.0539 Attorney for QUAKER OATS COMPANY 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 SAN FRANCISCO DIVISION DANIELLE S. COOPER, on behalf of herself and all others similarly situated, 13 14 15 CASE NO. 3:16-cv-02364 [PROPOSED] ORDER TRANSFERRING ACTION TO THE TO THE NORTHERN DISTRICT OF ILLINOIS Plaintiff, v. THE QUAKER OATS COMPANY, 16 Defendant. 17 18 Plaintiff and Defendant have stipulated and agreed that the action should be transferred 19 pursuant to 28 U.S.C. § 1404(a) to the United States District Court for the Northern District of 20 Illinois for coordination with two similar actions captioned: Gibson v. The Quaker Oats Company, 21 No. 1:16-cv-04853 (N.D. Ill.) and Wheeler v. The Quaker Oats Company, No. 1:16-cv-05776 (N.D. 22 Ill.), currently proceeding before Judge Charles R. Norgle, Sr. 23 24 25 26 27 28 All cases allege that certain “100% Natural Whole Grain” labeling for certain Quaker Oat products is misleading due to the alleged presence of trace amounts of glyphosate. Coordination of this action with the Gibson and Wheeler actions will likely avoid inconsistent legal and factual rulings and conserve the courts’ and the parties’ resources. Transfer of the action to the Northern District of Illinois is therefore appropriate under 28 U.S.C. § 1404(a). 1 PROPOSED ORDER TO TRANSFER – CASE NO. 3:16-CV-02364 1 IT IS HEREBY ORDERED THAT: (1) this action is transferred to the Northern District of Illinois; 2 and (2) Defendant’s responsive pleading deadline is deferred pending entry of a scheduling order by 3 the Northern District of Illinois in the action. 4 5 July 12, 2016. Dated: ____________ 6 7 The Hon. William Alsup UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROPOSED ORDER TO TRANSFER – CASE NO. 3:16-CV-02364

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