Kosta v. Del Monte Corporation

Filing 146

STIPULATION AND ORDER CONTINUING MEDIATION DEADLINE re 145 Stipulation filed by Steve Bates, Michael Kosta, Del Monte Foods, Inc. Signed by Judge Yvonne Gonzalez Rogers on 8/1/14. (fs, COURT STAFF) (Filed on 8/1/2014)

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WILLIAM L. STERN (CA SBN 96105)
[e-mail]
CLAUDIA M. VETESI (CA SBN 233485)
[e-mail]
LISA A. WONGCHENKO (CA SBN 281782)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
DEL MONTE FOODS, INC.

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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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MICHAEL KOSTA and STEVE BATES,
individuals, on their own behalf and on behalf of
all others similarly situated,
Plaintiffs,

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v.

Case No. C12-01722 YGR
CLASS ACTION
ORDER GRANTING
STIPULATION AND
[PROPOSED] ORDER
CONTINUING MEDIATION
DEADLINE

DEL MONTE FOODS, INC.,
[CIVIL L.R. 6-1]

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Defendant.
Judge: Hon. Yvonne Gonzalez Rogers
Action Filed: April 5, 2012

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STIPULATION CONTINUING MEDIATION
CASE NO. C12-01722 YGR
sf-3442760

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Pursuant to Civil Local Rule 6-1, Plaintiffs MICHAEL KOSTA and STEVE BATES,

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(“Plaintiffs”) and Defendant DEL MONTE FOODS, INC. (“Defendant” or “Del Monte”) through

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their undersigned counsel, hereby stipulate as follows:

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WHEREAS, this action was filed in this Court on April 5, 2012, an Amended Complaint

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was filed on July 6, 2012, a Consolidated Complaint was filed on June 11, 2013, and Defendant

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answered the Consolidated Complaint on June 28, 2013;

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WHEREAS, Plaintiffs filed their Motion for Class Certification on June 2, 2014, Del

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Monte filed its Opposition to Class Certification on July 1, 2014, Plaintiffs filed their Reply in

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Support of Class Certification on July 29, 2014, and the hearing on the Motion for Class

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Certification will occur on August 19, 2014;
WHEREAS, the mediation deadline is currently September 2, 2014. When the Court set

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that deadline, the hearing on class certification was scheduled to occur on July 22, 2014. Since

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then, the briefing schedule was revised allowing additional time for Plaintiffs to file their motion

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for class certification and additional time to file their reply brief;

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WHEREAS, as previously represented to the Court, counsel for Defendant and counsel

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for Plaintiffs participated in a mediation on December 18, 2013, for one of Plaintiffs’ counsel’s

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similar food labeling cases, Brazil v. Dole Packaged Foods, LLC, No. 12-cv-01831-LHK (N.D.

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Cal.). The mediation was not productive, due in large part to the many unresolved legal issues in

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the case. As in this case, there were no rulings on class certification or summary judgment in

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Brazil. The parties, as well as the mediator Sue Stott, agreed that postponement of future

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mediations in these cases would be beneficial. Indeed, Ms. Stott sent an email to Howard

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Herman, the Court’s ADR Chief, explaining her concerns with mediating the cases at this stage.

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The ADR department leaders expressed a desire to help the parties by moving deadlines where

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postponement would be useful;

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WHEREAS, without rulings on the key issues in this case, the parties believe that they

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cannot effectively engage in mediation. They believe that mediation at this time would be as

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futile as the Brazil mediation. They jointly request that the meditation deadline be extended so

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that the parties can benefit from the resolution of Plaintiffs’ Motion for Class Certification;
STIPULATION CONTINUING MEDIATION
CASE NO. C12-01722 YGR
sf-3442760

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IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel,

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subject to the approval of the Court, that the mediation deadline is postponed until 90 days after

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the Court rules on class certification.

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Dated: July 30, 2014

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

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By:

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Attorneys for Defendant
DEL MONTE FOODS, INC.

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/s/ William L. Stern
WILLIAM L. STERN

Dated: July 30, 2014

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BEN F. PIERCE GORE
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126

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By:

/s/ Ben F. Pierce Gore
BEN F. PIERCE GORE

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Attorney for Plaintiffs

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STIPULATION CONTINUING MEDIATION
CASE NO. C12-01722 YGR
sf-3442760

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ECF ATTESTATION
I, William L. Stern, am the ECF User whose ID and password are being used to file the

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following: STIPULATION CONTINUING MEDIATION DEADLINE. In compliance with

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Civil Local Rule 5-1(i), I hereby attest that Ben F. Pierce Gore has concurred in this filing.

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

Dated: July 30, 2014

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By: /s/ William L. Stern
WILLIAM L. STERN

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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August 1, 2014
DATED: ______________________

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______________________________________
YVONNE GONZALEZ ROGERS
United States District Judge

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STIPULATION CONTINUING MEDIATION
CASE NO. C12-01722 YGR
sf-3442760

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