Salinas v. Kraft Foods Global, Inc.

Filing 23

ORDER by Judge Claudia Wilken Granting 22 Stipulation CONTINUING CLASS CERTIFICATION AND MOTION FOR SUMMARY JUDGMENT BRIEFING SCHEDULE. (ndr, COURT STAFF) (Filed on 11/27/2012)

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ATTORNEY’S AT LAW
THE TOWER BUILDING
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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Matthew R. Bainer, Esq. (S.B. #220972)
Hannah R. Salassi, Esq. (S.B. #230117)
SCOTT COLE & ASSOCIATES, APC
1970 Broadway, Ninth Floor
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Web: www.scalaw.com
Attorneys for Representative Plaintiff
and the Plaintiff Class
Douglas J. Farmer (SBN 139646)
E-mail: [e-mail]
Michael J. Nader (SBN 200425)
E-mail: [e-mail]
Christopher M. Ahearn (SBN 239089)
E-mail: [e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
KRAFT FOODS GROUP, INC. (erroneously sued as
KRAFT FOODS GLOBAL, INC.)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GILBERT SALINAS, individually, and

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on behalf of all others similarly
situated,

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Plaintiff,

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vs.

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KRAFT FOODS GLOBAL, INC., and
DOES 1 through 100, inclusive,

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Defendants.

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Case No. 12-CV-02894-CW
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
CONTINUING CLASS CERTIFICATION
AND MOTION FOR SUMMARY
JUDGMENT BRIEFING SCHEDULE

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-1Stipulation And [Proposed] Order Continuing Briefing Schedules

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Plaintiff Gilbert Salinas (“Plaintiff”) and Defendant Kraft Foods Group, Inc.

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(“Defendant”), by and through their respective counsel of record named herein, hereby stipulate

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as follows:

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WHEREAS, the parties have agreed to attend private mediation on January 8, 2013;

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WHEREAS, this Court set the following deadlines regarding class certification and

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summary judgment at the September 5, 2012 Case Management Conference: Defendant’s limited

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Motion for Summary Judgment filed no later than January 10, 2013 and hearing on February 14,

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2013; Plaintiff’s Motion for Class Certification filed no later than April 4, 2013 and hearing on

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May 9, 2013. (see Dckt No. 19);

efforts, including any depositions, as well as any meet and confer efforts regarding the written

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ATTORNEY’S AT LAW
THE TOWER BUILDING
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

WHEREAS, the parties have informally agreed to postpone any additional discovery

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SCOTT COLE & ASSOCIATES, APC

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discovery currently being exchanged, until immediately after the mediation session;

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WHEREAS, should mediation prove unsuccessful, the parties will require the

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completion of substantial meet and confer efforts, as well as additional written discovery and

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depositions in preparation for Defendant’s Motion for Summary Judgment and Plaintiff’s Motion

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for Class Certification;
WHEREAS, the parties will have insufficient time to complete such discovery, should

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mediation fail, under the current briefing schedule;
WHEREAS, there have been no prior modifications to the briefing schedules referenced

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herein; and
THEREFORE, the parties, through their undersigned respective counsel, stipulate and

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request that the Court hereby continue the briefing schedules as follows:

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•

Defendant’s Motion for Summary Judgment due:

May 10, 2013;

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•

Plaintiff’s Motion for Class Certification due:

July 4, 2013;

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Hearing Dates:

To be set by the Court

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-2Stipulation And [Proposed] Order Continuing Briefing Schedules

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IT IS SO STIPULATED.

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Dated: November 26, 2012
SCOTT COLE & ASSOCIATES, APC

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By:

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Dated: November 26, 2012

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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ATTORNEY’S AT LAW
THE TOWER BUILDING
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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/s/ Hannah R. Salassi
Hannah R. Salassi, Esq.
Attorneys for the Representative Plaintiff
and the Plaintiff Class

By:

/s/ Christopher M. Ahearn______________
Douglas J. Farmer
Michael J. Nader
Christopher M. Ahearn
Attorneys for Defendant
KRAFT FOODS GROUP, INC. (erroneously sued
as KRAFT FOODS GLOBAL, INC.)

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-3Stipulation And [Proposed] Order Continuing Briefing Schedules

[PROPOSED] ORDER

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IT IS HEREBY ORDERED that:
The briefing schedules for Plaintiff and Defendant are hereby continued as follows:

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Defendant’s Motion for Summary Judgment due:

May 10, 2013

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Hearing on Motion for Summary Judgment:

June 20, 2013
__________, 2013

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Plaintiff’s Motion for Class Certification due:

July 4, 2013;

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Hearing on Motion for Class Certification:

August____,2013
8, 2013

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For good cause shown, PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ATTORNEY’S AT LAW
THE TOWER BUILDING
1970 BROADWAY, NINTH FLOOR
OAKLAND, CA 94612
TEL: [phone]

SCOTT COLE & ASSOCIATES, APC

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11/27/2012
Dated: ______________________

____________________________________
The Honorable Claudia Wilken
United States District Judge

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-4Stipulation And [Proposed] Order Continuing Briefing Schedules