Becerra v. Dr. Pepper Snapple Group, Inc.

Filing 40

ORDER TO CONTINUE HEARING DATES AND CASE MANAGEMENT CONFERENCE granting 39 Stipulation. Case Management Conference set for 5/1/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor (Case Management Statement due by 4/24/2018). Motion Hearing as to 35 MOTION to Dismiss and 30 MOTION to Transfer Case reset for 3/28/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 01/23/2018. (jmdS, COURT STAFF) (Filed on 1/23/2018)

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BAKER BOTTS L.L.P.
Stuart C. Plunkett (CA State Bar No. 187971)
[e-mail]
Ariel D. House (CA State Bar No. 280477)
[e-mail]
101 California Street, Suite 3600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Van H. Beckwith (admitted pro hac vice)
[e-mail]
Monica R. Hughes (pro hac vice to be filed)
[e-mail]
Jessica E. Underwood (admitted pro hac vice)
[e-mail]
2001 Ross Avenue
Dallas, Texas 75201
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
DR PEPPER/SEVEN UP, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SHANA BECERRA,

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Plaintiff,

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v.

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DR PEPPER/SEVEN UP, INC.,

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Defendant.

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Case No. 17-cv-05921-WHO
Judge: Hon. William H. Orrick
STIPULATION AND ORDER TO
CONTINUE HEARING DATES AND
CASE MANAGEMENT
CONFERENCE
Action Filed: October 16, 2017

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING DATES AND CMC
HEARING DATES

CASE NO. 17-CV-05921-WHO

Plaintiff Shana Becerra (“Plaintiff”) and Defendant Dr Pepper/Seven Up, Inc.

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(“Defendant”) (collectively, “the Parties”) respectfully file this stipulation to continue the

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hearings on Defendant’s Motion to Transfer and Motion to Dismiss and the Parties’ Case

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Management Conference, and hereby agree as follows:

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WHEREAS, Plaintiff filed this action on October 16, 2017;

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WHEREAS, Defendant filed a Motion to Transfer (Doc. 30), which is currently

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scheduled for hearing on February 7, 2018;

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WHEREAS, Defendant filed a Motion to Dismiss the Second Amended Complaint
(Doc. 35), which is currently scheduled for hearing on February 21, 2018;

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WHEREAS, the Parties have met and conferred and agree that the hearings should occur
on the same date;

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WHEREAS, counsel for Defendant is not available on available hearing dates until
March 28, 2018;

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WHEREAS, the Parties have met and conferred and agree to move the hearing on the
Motion to Transfer and Motion to Dismiss to March 28, 2018;

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WHEREAS, the Case Management Conference is set for March 14, 2018;

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WHEREAS, the parties have met and conferred and believe that there is good cause to

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vacate the current date for the Case Management Conference, and to reschedule the Case

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Management Conference on a date on or after the hearing on Defendant’s Motions to Transfer

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and Dismiss;

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IT IS HEREBY STIPULATED that the date for the hearings on the Motion to Transfer

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and the Motion to Dismiss be rescheduled to March 28, 2018, and the Case Management

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Conference should be vacated and continued to a date on or later than the motion hearings.

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING DATES AND CMC
HEARING DATES

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CASE NO. 17-CV-05921-WHO

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IT IS SO STIPULATED AND AGREED.
Dated: January 23, 2018

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By: /s/ Stuart C. Plunkett
BAKER BOTTS L.L.P.
Stuart C. Plunkett
[e-mail]
Ariel D. House
[e-mail]
101 California Street, Suite 3600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Van H. Beckwith
[e-mail]
Monica R. Hughes
[e-mail]
Jessica E. Underwood
[e-mail]
2001 Ross Avenue
Dallas, Texas 75201
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Dr Pepper/Seven Up, Inc.

By: /s/ Jack Fitzgerald
THE LAW OFFICE OF JACK
FITZGERALD, PC
Jack Fitzgerald
[e-mail]
Trevor M. Flynn
[e-mail]
Melanie R. Persinger
[e-mail]
Hillcrest Professional Building
3636 Fourth Avenue, Suite 202
San Diego, CA 92103
Telephone: [phone]
Facsimile: [phone]
SACKS WESTON DIAMOND, LLC
Andrew B. Sacks
[e-mail]
John K. Weston
[e-mail]
1845 Walnut Street, Suite 1600
Philadelphia, PA 19103
Telephone: [phone]
Attorneys for Plaintiff Shana Becerra
and the Putative Class

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The Court HEREBY ORDERS as follows:
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The hearings on the Motions to Transfer and Dismiss shall be rescheduled to

March 28, 2018;
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The Case Management Conference currently scheduled on March 14, 2018 shall

be vacated; and be rescheduled for May 1, 2018 at 2:00 p.m.
IT IS SO ORDERED.
Dated: January 23, 2018

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______________________________
Honorable William H. Orrick
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING DATES AND CMC
HEARING DATES

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CASE NO. 17-CV-05921-WHO

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ATTORNEY ATTESTATION

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I, Stuart C. Plunkett, hereby attest, pursuant to Civil Local Rule 5-1(i)(3) of the Northern

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District of California, that the concurrence to the filing of this document has been obtained from

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each signatory hereto.

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/s/ Stuart C. Plunkett
Stuart C. Plunkett
Counsel for Defendant
Dr Pepper/Seven Up, Inc.

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CERTIFICATE OF SERVICE
I, Stuart C. Plunkett, hereby certify that the foregoing document shall be served on all

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parties in this matter via the Court’s Case Management and Electronic Case Files System or by

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other means authorized by the Federal Rules of Civil Procedure, on January 23, 2018.

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/s/ Stuart C. Plunkett
Stuart C. Plunkett
Counsel for Defendant
Dr Pepper/Seven Up, Inc.

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE HEARING DATES AND CMC
HEARING DATES

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CASE NO. 17-CV-05921-WHO