Salamanca v. General Mills, Inc.

Filing 21

STIPULATION AND ORDER re 20 transferring action to the District of Minnesota. Signed by Judge Richard Seeborg on 10/24/16. (cl, COURT STAFF) (Filed on 10/24/2016)

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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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EDWARD SALAMANCA, on behalf of
himself and all others similarly situated,

CASE NO. 3:16-cv-04871-RS

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[PROPOSED] ORDER
TRANSFERRING ACTION TO
THE DISTRICT OF MINNESOTA

Plaintiff,
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v.
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[28 U.S.C. §1404(a)]
GENERAL MILLS, INC.,

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Defendant.
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Plaintiff and Defendant have stipulated and agreed that the action should be transferred
pursuant to 28 U.S.C. § 1404(a) to the United States District Court for the District of Minnesota for
coordination with two similar actions captioned: Woloszyn v. General Mills, Inc., No. 0:16-cv-02869
(D. Minn.) and Nuez v. General Mills, Inc., No. 1:16-cv-04731 (E.D.N.Y.).
All cases allege that certain “100% Natural Whole Grain” labeling for certain General Mills
Nature Valley products is misleading due to the alleged presence of glyphosate.
The parties believe that, based on circumstances and claims unique to this case, coordination
of this action with the Woloszyn and Nuez actions will likely avoid inconsistent legal and factual
rulings and conserve the courts’ and the parties’ resources.

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PROPOSED ORDER TO TRANSFER – CASE NO. 3:16-CV-04871-RS

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Transfer of the action to the District of Minnesota is therefore appropriate under 28 U.S.C.

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§ 1404(a).

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IT IS HEREBY ORDERED THAT:

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(1) This action is transferred to the District of Minnesota; and
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(2) Defendant’s responsive pleading deadline is deferred pending entry of a scheduling order
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by the District of Minnesota in the action.
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DATED:__________________
10/24/16

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HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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PROPOSED ORDER TO TRANSFER – CASE NO. 3:16-CV-04871-RS