Thurston et al v. Conopco, Inc.

Filing 59

STIPULATION AND ORDER CONTINUING ADR DEADLINE AND ALLOWING PARTIES TO ENGAGE IN PRIVATE ADR re 58 Stipulation, filed by Tanasha Denmon-Clark, Conopco, Inc., Chanee Thurston; VACATING 30 Stipulation and Order, 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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1 2 3 4 5 6 7 WILLIAM L. STERN (CA SBN 96105) WStern@mofo.com JANELLE J. SAHOURIA (CA SBN 253699) JSahouria@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendants CONOPCO, INC. d/b/a UNILEVER (formerly d/b/a GOOD HUMOR-BREYERS) 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 14 15 Case No. CHANEE THURSTON and TANASHA DENMON-CLARK, on behalf of themselves and all others similarly situated, Plaintiffs, 16 17 18 19 20 10-CV-04937-PJH JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING ADR DEADLINE AND ALLOWING PARTIES TO ENGAGE IN PRIVATE ADR v. CONOPCO, INC. d/b/a UNILEVER (formerly d/b/a GOOD HUMOR-BREYERS) d/b/a BREYERS, Judge: Hon. Phyllis J. Hamilton Action Filed: September 29, 2010 Defendant. 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE CASE NO. 10-CV-04937-PJH sf-3009376 1 Pursuant to ADR L.R. 3-4(b), the parties in Chanee Thurston and Tanasha Denmon- 2 Clark, v. Conopco, Inc. d/b/a Unilever (formerly d/b/a Good Humor-Breyers) d/b/a Breyers., 3 Case No. 10-cv-04937-PJH (N.D. Cal.) (“Thurston”), hereby stipulate and agree as follows: 4 WHEREAS, the parties in Thurston stipulated to and were ordered to engage in mediation 5 pursuant to ADR L.R. 6 within 90 days after the Court ruled on Defendant’s motion to dismiss 6 the amended complaint. (Thurston Dkt. 30.) 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the motions to dismiss in Thurston was decided on May 26, 2011 (Thurston Dkt. 56), and the ADR completion deadline for Thurston is currently August 24, 2011. WHEREAS, the parties in Thurston 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 Thurston requiring the parties to participate in the court-sponsored ADR program (Thurston Dkt. 30). 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 Thurston will participate in a private mediation conducted by a private mediator. The deadline to complete the mediation is October 23, 2011. 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE CASE NO. 10-CV-04937-PJH sf-3009376 1 1 Dated: June 17, 2011 2 3 JOSEPH N. KRAVEC, JR. ELLEN M. DOYLE STEMBER FEINSTEIN DOYLE & PAYNE, LLC 4 5 By: /s/ Joseph N. Kravec, Jr. Joseph N. Kravec, Jr. 6 Attorneys for Plaintiffs in Thurston 7 8 Dated: June 17, 2011 9 WILLIAM L. STERN JANELLE J. SAHOURIA MORRISON & FOERSTER LLP 10 11 By: /s/ Janelle J. Sahouria JANELLE J. SAHOURIA 12 Attorneys for Defendant in Thurston 13 14 ECF ATTESTATION 15 16 17 18 19 20 21 I, Janelle J. Sahouria, am the ECF User whose ID and Password are being used to file this: JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING ADR DEADLINE AND ALLOWING PARTIES TO ENGAGE IN PRIVATE ADR. 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 22 23 By: /s/ Janelle J. Sahouria Janelle J. Sahouria 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE CASE NO. 10-CV-04937-PJH sf-3009376 2 1 PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED. 2 10 S ER R NIA n Hamilto FO J yllis J. udge Ph H 9 RT 8 NO 7 DERED O OR IT IS S LI 6 United States District Court Judge A 5 RT U O 4 S DISTRICT TE C TA HONORABLE PHYLLIS J. HAMILTON 6/20/11 Dated: _________________________ UNIT ED 3 N D IS T IC T R OF C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING ADR DEADLINE CASE NO. 10-CV-04937-PJH sf-3009376 3

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