Astiana v. Ben & Jerry's Homemade, Inc.

Filing 65

STIPULATION AND ORDER CONTINUING ADR DEADLINE AND ALLOWING PARTIES TO ENGAGE IN PRIVATE ADR re 64 Stipulation filed by Ben & Jerry's Homemade, Inc., Skye Astiana AND VACATING 28 Order Referring Case Referred to Mediation. Case referred to Private ADR. Signed by Judge Phyllis J. Hamilton on 6/20/11. (nah, COURT STAFF) (Filed on 6/20/2011)

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WILLIAM L. STERN (CA SBN 96105)
[e-mail]
JANELLE J. SAHOURIA (CA SBN 253699)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
BEN & JERRY’S HOMEMADE, INC.;
CONOPCO, INC. d/b/a UNILEVER (formerly d/b/a GOOD
HUMOR-BREYERS); and UNILEVER d/b/a BREYERS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SKYE ASTIANA, on behalf of herself and all
others similarly situated,

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Plaintiff,
v.

Case No.

10-CV-04387-PJH

JOINT STIPULATION AND
[PROPOSED] ORDER
CONTINUING ADR DEADLINE
AND ALLOWING PARTIES TO
ENGAGE IN PRIVATE ADR

BEN & JERRY’S HOMEMADE, INC.,
Defendant.

Judge: Hon. Phyllis J. Hamilton
Action Filed: September 29, 2010

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE
CASE NO. 10-CV-04387-PJH
sf-3009089

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Pursuant to ADR L.R. 3-4(b), the parties in Skye Astiana v. Ben & Jerry’s Homemade,

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Inc., Case No. 10-cv-04387-PJH (N.D. Cal.) (“Astiana”), hereby stipulate and agree as follows:

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WHEREAS, the parties in Astiana stipulated to and were ordered to engage in mediation

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pursuant to ADR L.R. 6 within 90 days after the Court ruled on Defendant’s motion to dismiss

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the amended complaint. (Astiana Dkt. 28.)

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WHEREAS, the motion to dismiss in Astiana was decided on May 26, 2011 (Astiana Dkt.
62), and the ADR completion deadline for Astiana is currently August 24, 2011.
WHEREAS, the parties in Astiana have met and conferred and desire to opt-out of the
court-sponsored ADR program and to mediate the case before a private mediator;
WHEREAS, the parties now request that the Court vacate the order in Astiana requiring
the parties to participate in the court-sponsored ADR program (Astiana Dkt. 28).
WHEREAS, the parties also request that the deadline to participate in ADR be extended
by 60 days until October 23, 2011 to allow the parties sufficient time to participate in ADR.
NOW, THEREFORE, it is stipulated by and between the parties, by and through their
respective attorneys of record, subject to Court approval as follows:
The parties in Astiana will participate in a private mediation conducted by a private
mediator.
The deadline to complete the mediation is October 23, 2011.

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE
CASE NO. 10-CV-04387-PJH
sf-3009089

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Dated: June 17, 2011
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JOSEPH N. KRAVEC, JR.
ELLEN M. DOYLE
STEMBER FEINSTEIN DOYLE & PAYNE,
LLC

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By: /s/ Joseph N. Kravec, Jr.
Joseph N. Kravec, Jr.

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Attorneys for Plaintiffs in Astiana

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Dated: June 17, 2011

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WILLIAM L. STERN
JANELLE J. SAHOURIA
MORRISON & FOERSTER LLP

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By: /s/ Janelle J. Sahouria
JANELLE J. SAHOURIA

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Attorneys for Defendants in Astiana

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ECF ATTESTATION
I, Janelle J. Sahouria, am the ECF User whose ID and Password are being used to file this:

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING ADR DEADLINE AND

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ALLOWING PARTIES TO ENGAGE IN PRIVATE ADR.

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In compliance with General Order 45, X.B., I hereby attest that Joseph N. Kravec, Jr. has
concurred in this filing.
Dated: June 17, 2011

MORRISON & FOERSTER LLP

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By: /s/ Janelle J. Sahouria
Janelle J. Sahouria

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE
CASE NO. 10-CV-04387-PJH
sf-3009089

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.
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S DISTRIC
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United States District Court Judge

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6/20/11
Dated: _________________________

UNIT
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE
CASE NO. 10-CV-04387-PJH
sf-3009089

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