THC - Orange County Inc v. Earthbound Farm Inc et al

Filing 18

STIPULATION AND ORDER re 17 STIPULATION WITH PROPOSED ORDER to Extend Time for Defendants to Respond to the Complaint and to Extend ADR Deadlines filed by The Whitewave Foods Company Health & Welfare Plan, Natural Selection Foods Welfare Benefits Plan, The Whitewave Foods Company, Earthbound Farm LLC. Signed by Judge Edward M. Chen on 4/28/17. (bpf, COURT STAFF) (Filed on 4/28/2017)

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R. Bradford Huss SBN No. 71303
Clarissa A. Kang, SBN No. 210660
Timothy J. Rozelle, SBN No. 298332
TRUCKER  HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
[e-mail]
[e-mail]

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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Attorneys for Defendants
EARTHBOUND FARM, LLC,
NATURAL SELECTION FOODS
WELFARE BENEFITS PLAN, THE
WHITEWAVE FOODS COMPANY, and
THE WHITEWAVE FOODS COMPANY
HEALTH & WELFARE PLAN.

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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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THC – ORANGE COUNTY, INC., d/b/a
KINDRED HOSPITAL SAN FRANCISCO –
BAY AREA, a California corporation,
Plaintiff,

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vs.

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EARTHBOUND FARM, LLC; NATURAL
SELECTION FOODS WELFARE BENEFITS
PLAN; THE WHITEWAVE FOODS
COMPANY; THE WHITEWAVE FOODS
COMPANY HEALTH & WELFARE PLAN;
and DOES 1 to 100 inclusive,
Defendants.

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Case No. 4:17-cv-01136-EMC
Hon. Edward M. Chen
STIPULATION AND [PROPOSED] ORDER
TO FURTHER EXTEND TIME FOR
DEFENDANTS EARTHBOUND FARM,
LLC, NATURAL SELECTION FOODS
WELFARE BENEFITS PLAN, THE
WHITEWAVE FOODS COMPANY AND
THE WHITEWAVE FOODS COMPANY
HEALTH & WELFARE PLAN TO
RESPOND TO THE COMPLAINT, AND
TO EXTEND ADR DEADLINES
Trial Date: None Set

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STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO
COMPLAINT, AND OTHER ADR DEADLINES; Case No. 4:17-cv-01136-EMC
166188.v2

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Pursuant to Civil Local Rule 6-2(a), Defendants EARTHBOUND FARM, LLC,

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NATURAL SELECTION FOODS WELFARE BENEFITS PLAN, THE WHITEWAVE FOODS

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COMPANY and THE WHITEWAVE FOODS COMPANY HEALTH & WELFARE PLAN

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(collectively, “Defendants”) and Plaintiff THC – ORANGE COUNTY, INC., d/b/a KINDRED

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HOSPITAL SAN FRANCISCO – BAY AREA (“Plaintiff”) hereby stipulate, by and through their

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respective counsel, to extend the time by which Defendants have to answer or otherwise respond to

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Plaintiff’s Complaint, and extend the time by which the parties must meet the Court’s ADR

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Deadlines.

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WHEREAS, on March 6, 2017, Plaintiff filed the Complaint in this action;

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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WHEREAS, on March 17, 2017, Plaintiff caused the Summons and Complaint to be served

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on Defendants, thus rendering Defendants’ responses to the Complaint due on or before April 7,

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2017;

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WHEREAS, on April 6, 2017, the parties stipulated, pursuant to Civil Local Rule 6-1(a), to

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extend Defendants’ deadline for answering and or otherwise responding to the Complaint from

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April 7, 2017 to May 8, 2017;

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WHEREAS, on April 24, 2017, this case was reassigned to the Honorable Edward W. Chen

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with an Order vacating all presently scheduled hearing dates, including the Initial Case

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Management Conference, which was initially set for June 7, 2017 at 1:30 p.m. by the March 7,

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2017 Order Setting Initial Case Management Conference and ADR Deadlines (Dckt. #16; Dckt.

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#4.);

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WHEREAS, the parties stipulate to further extend Defendants’ deadline for answering or
otherwise responding to the Complaint from May 8, 2017 to June 7, 2017;

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WHEREAS, the parties further stipulate to extend the deadline to file an ADR Certification

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signed by Parties and Counsel, and Stipulation to ADR Process (or Notice of Need for ADR Phone

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Conference) from May 17, 2017 to June 16, 2017;

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WHEREAS, these extensions will not alter or interfere with any other court deadlines, as no

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new date has been set for the Initial Case Management Conference;

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2
STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO
COMPLAINT, AND OTHER ADR DEADLINES; Case No. 4:17-cv-01136-EMC
166188.v2

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WHEREAS, good cause exists for the extension because the parties are continuing to
engage in informal, good-faith discussions in an effort to resolve this action;

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NOW, THEREFORE, pursuant to Civil Local Rule 6-2(a), the Parties hereby agree through
their undersigned counsel of record, as follows:

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1.

Defendants’ deadline for answering or otherwise responding to the Complaint shall

be continued from May 8, 2017 to June 7, 2017;

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2.

The deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing of

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the ADR Certification and Stipulation to ADR Process (or Notice of Need for ADR Phone

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Conference shall be continued from May 17, 2017 to June 16, 2017.

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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IT IS SO STIPULATED.

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DATED: April 28, 2017

TRUCKER  HUSS

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By: /s/ Clarissa A. Kang

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Clarissa A. Kang
Attorneys for Defendants
EARTHBOUND FARM, LLC,
NATURAL SELECTION FOODS
WELFARE BENEFITS PLAN, THE
WHITEWAVE FOODS COMPANY and
THE WHITEWAVE FOODS COMPANY
HEALTH & WELFARE PLAN

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DATED: April 28, 2017

FULTZ MADDOX DICKENS, PLC

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By: /s/ Adrianne J. Simon

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Adrianne J. Simon
Attorneys for Plaintiff
KINDRED HOSPITAL SAN FRANCISCO –
BAY AREA

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STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO
COMPLAINT, AND OTHER ADR DEADLINES; Case No. 4:17-cv-01136-EMC
166188.v2

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Filer’s Attestation: Pursuant to Local Rule 5-1(i)(3), I hereby attest that all other signatories

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listed, and on whose behalf the filing is submitted, concur in the filing’s content and have

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authorized the filing.

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DATED: April 28, 2017

By: /s/ Clarissa A. Kang
Clarissa A. Kang
Attorneys for Defendants
THE WHITEWAVE FOODS COMPANY and
THE WHITEWAVE FOODS COMPANY
HEALTH & WELFARE PLAN

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[PROPOSED] ORDER

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Having considered the parties’ Stipulation to Further Extend Time To Respond to
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Complaint, and Other ADR Deadlines, and good cause appearing therefore, IT IS HEREBY
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ORDERED THAT:
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1.

Defendants’ deadline for answering or otherwise responding to the Complaint shall

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be continued from May 8, 2017 to June 7, 2017;
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2.

The deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing of

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the ADR Certification and Stipulation to ADR Process (or Notice of Need for ADR Phone
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Conference shall be continued from May 17, 2017 to June 16, 2017.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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RT

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ER

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R NIA

dward
Judge E

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M. Che

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THE HONORABLERED
ORDE EDWARD M. CHEN
T IS SO
UNITED STATES DISTRICT JUDGE
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A

4/28
DATED: __________, 2017

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UNIT
ED

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

TRUCKER  HUSS

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STIPULATION AND [PROPOSED] ORDER TO FURTHER EXTEND TIME TO RESPOND TO
D IS T IC T O
R
COMPLAINT, AND OTHER ADR DEADLINES; Case No. 4:17-cv-01136-EMC
166188.v2