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)

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1 2 3 4 5 6 NORMAN C. HILE (STATE BAR NO. 57299) ANALEA J. PATTERSON (STATE BAR NO. 229918) JOHN W. KILLEEN (STATE BAR NO. 258395) ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall Suite 3000 Sacramento, California 95814-4497 Telephone: +1-916-447-9200 Facsimile: +1-916-329-4900 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

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