Sethavanish v. Balance Bar Company

Filing 22

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 17 Stipulation filed by Balance Bar Company. Joint Case Management Statement due by 4/12/2012. Initial Case Management Conference set for 4/19/2012 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 12/21/11. (nah, COURT STAFF) (Filed on 12/21/2011)

1
2
3
4
5
6

NORMAN C. HILE (STATE BAR NO. 57299)
[e-mail]
ANALEA J. PATTERSON (STATE BAR NO. 229918)
[e-mail]
JOHN W. KILLEEN (STATE BAR NO. 258395)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall
Suite 3000
Sacramento, California 95814-4497
Telephone:
[phone]
Facsimile:
[phone]

7
8

Attorneys for Defendant
BALANCE BAR COMPANY

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

OAKLAND DIVISION

13

15

KIMBERLY S. SETHAVANISH, a California
resident on behalf of herself and all others
similarly situated,

16

Plaintiff,

14

17
18
19

v.

Case No. 4:11-cv-04547-PJH
STIPULATION AND [PROPOSED]
ORDER CONTINUING JANUARY 5,
2012 INITIAL CASE MANAGEMENT
CONFERENCE AND
ACCOMPANYING DEADLINES [L.R.
6-2, 7-12]

BALANCE BAR COMPANY, a Delaware
corporation,
Defendant.

20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE – CV-11-04547-PJH

1

Pursuant to Local Rules 6-2 and 7-12, Plaintiff Kimberly Sethavanish and Defendant

2

Balance Bar, Inc., through their undersigned counsel, enter into the following stipulation for and

3

respectfully request that the Court issue an order (1) continuing the scheduled January 5, 2012

4

initial case management conference to April 19, 2012; (2) continuing the accompanying

5

discovery deadlines set by this Court in its September 13, 2011 Order Setting Initial Case

6

Management Conference And ADR Deadlines, Dkt. No. 4. In support of this stipulation, the

7

parties represent that:

8

WHEREAS, on September 13, 2011, Sethavanish filed her initial complaint, Dkt. No. 1;

9

WHEREAS, on September 13, 2011, the Court issued its Order Setting Initial Case

10

Management Conference And ADR Deadlines (attached hereto as Exhibit A), which Order

11

scheduled an initial case management conference before the Court on January 5, 2012 in

12

Courtroom 3, 3rd Floor, at 2:00 p.m. and set accompanying deadlines (1) to meet and confer

13

regarding discovery, (2) to file ADR-related documents; and (3) to file a Rule 26(f) report;

14

WHEREAS, on September 30, 2011, the parties stipulated to allow Balance Bar

15

an extension of time to respond to the initial complaint until November 4, 2011, Dkt. No. 6;

16

WHEREAS, on November 4, 2011, Balance Bar filed a motion to dismiss in part the

17

initial complaint, Dkt. No. 11;

18
19
20
21
22
23
24

WHEREAS, on November 18, 2011, Sethavanish filed a first amended complaint, Dkt.
No. 12;
WHEREAS, on December 2, 2011, Balance Bar filed a motion to dismiss in part the first
amended complaint, setting the hearing on the motion for January 25, 2012, Dkt. No. 13;
WHEREAS, following the hearing on the motion to dismiss, the parties have agreed to
pursue private mediation, to be completed within 60 days from the hearing;
WHEREAS, the parties submit that continuance of the initial case management

25

conference and the accompanying discovery deadlines until after the Court decides Balance Bar’s

26

pending motion to dismiss, after Balance Bar answers the first amended complaint, and after the

27

parties pursue private mediation within 60 days of the hearing on the motion to dismiss will

28

preserve party and Court resources and, should the parties not settle the case through private
-1-

STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE – CV-11-04547-PJH

1

mediation, will enable the parties better to assess the strengths and weaknesses of their cases and

2

to make more informed decisions regarding discovery,

3
4

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS HEREBY
STIPULATED by and between the parties that:

5
6

1.

The initial case management conference scheduled for January 5, 2012, is

continued to April 19, 2012, in Courtroom 3, 3rd Floor, at 2:00 p.m.;

7

2.

The last day to meet and confer regarding initial disclosures and discovery plan is

8

continued to March 29, 2012. The parties will submit their ADR Certification and Stipulation to

9

ADR Process in accordance with the schedule prescribed by the Court’s September 13 order.

10

3.

The last day to file the Rule 26(f) Report, complete initial disclosures or state

11

objection in Rule 26(f) report and file Case Management Statement is continued to April 12,

12

2012.

13

Dated: December 14, 2011

ORRICK, HERRINGTON & SUTCLIFFE LLP

14
By:/s/ Norman C. Hile
Norman C. Hile
Attorneys for Defendant
BALANCE BAR COMPANY

15
16
17
Dated: December 14, 2011

19
20

LAW OFFICES OF JANET LINDNER
SPIELBERG
By:/s/ Janet Lindner Spielberg1
Janet Lindner Spielberg
Attorneys for Plaintiff
KIMBERLY S. SETHAVANISH

22

24

December 21
Dated: ____________________, 2011

Honorable Phyllis J. RED
RDE Hamilton
United SO ODistrict Judge
IS States
IT
Northern District of California

25
26

FO

RT

28

n
Hamilto
hy is J.
Pthatllconcurrence in the filing
Pursuant to Section X of Northern District Standing Order 45, the filing partyudge
J attests
of this document has been obtained from counsel for Plaintiff Janet Lindner Spielberg.

ER

H

-2-

LI

1

NO

27

S DISTRICT
TE
C
TA

UNIT
ED

S

PURSUANT TO STIPULATION, IT IS SO ORDERED.

RT
U
O

23

R NIA

21

A

18

C

STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE – CV-11-04547-PJH

N

F
D IS T IC T O
R