Reny et al v. Unilever United States, Inc. et al

Filing 15

ORDER by Judge Saundra Brown Armstrong Granting 14 Stipulation STAYING PROCEEDINGS FOR PURPOSES OF MEDIATION. (ndr, COURT STAFF) (Filed on 11/26/2013)

1
2
3
4
5
6

SCHIFF HARDIN LLP
Jeffrey R. Williams (Bar No. 84156)
[e-mail]
Rocky N. Unruh (Bar No. Bar No. 84049)
[e-mail]
Sarah D. Youngblood (Bar No. 244304)
[e-mail]
One Market, Spear Street Tower
Thirty-Second Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

7
8
9

Attorneys for Defendants
UNILEVER UNITED STATES, INC. and
CONOPCO, INC. d/b/a UNILEVER HOME &
PERSONAL CARE USA

10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN FRANCISCO DIVISION
13
14
15

JOSEPHINE WELLS and CATHERINE
RENY, on Behalf of Themselves and All
Others Similarly Situated,

16
Plaintiffs,

Case No. 3:13-CV-04749-EDL
STIPULATION AND [PROPOSED]
ORDER STAYING PROCEEDINGS FOR
PURPOSES OF MEDIATION

17
v.

Local Rules 7-1(5) and 7-12

18
19
20

UNILEVER UNITED STATES, INC.,
LEK INC., and CONOPCO, INC. d/b/a
UNILEVER HOME & PERSONAL
CARE USA,
Defendants.

21
22
23

Pursuant to Civil L.R. 7-1(5) and 7-12, plaintiffs Josephine Wells and Catherine Reny

24

(“Plaintiffs”) and defendants Unilever United States, Inc. and Conopco, Inc. (“Unilever”), by

25

their respective counsel, stipulate and agree as follows:1

26
27
1

28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

Defendant LEK, Inc. has not yet been served with process, and is therefore not an “affected
party” whose signature is required under Civil L.R. 7-12.
-1-

Case No. 3:13-CV-04749-EDL

STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS FOR PURPOSES OF MEDIATION

1

1.

Plaintiffs in this case assert a variety of claims relating to a hair care product, the

2

Suave Professionals Keratin Infusion 30 Day Smoothing Kit (the “Product”).

3

Complaint (Dkt. # 1) asserts claims for breach of warranty, violation of consumer protection

4

statutes, false advertising, unjust enrichment, strict product liability and negligence/gross

5

negligence on behalf of (a) a putative class consisting of all persons who purchased the Product in

6

any state other than Alabama, Illinois, Kentucky, Nevada and Wisconsin or, in the alternative, (b)

7

all persons who purchased the Product in the state of California. Plaintiffs’ counsel have also

8

filed two other putative class actions – Reid v. Unilever United States, Inc., N.D. Ill. Case No. 12-

9

cv-6058, and Naiser v. Unilever United States, Inc., W.D. Ky. Case No. 13-cv-395 – alleging

10

Plaintiffs’

virtually identical claims on behalf of residents of all states other than Kentucky.

11

2.

Shortly after the Reid case was filed, Plaintiffs’ counsel and counsel for Unilever

12

attempted to resolve the case by mediation with former federal judge Wayne Anderson. Although

13

that initial effort was unsuccessful, Unilever has successfully resolved 127 claims brought by

14

individuals, including former class representative in the Reid case Angel Lake. Plaintiffs’ counsel

15

and counsel for Unilever have also continued to work with the mediator to try to resolve the

16

putative class actions.

17

3.

At the suggestion of the mediator, Unilever and the Reid plaintiffs jointly sought a

18

60-day stay of proceedings in the Reid case in order to allow Plaintiffs and Unilever to devote

19

their full resources to intensive, good faith efforts to working with the mediator and each other to

20

resolve these related putative class actions, and to avoid the burden and expense of discovery and

21

motions while they do so.2 See Reid, N.D. Ill. Case No. 12-cv-6058, Dkt. # 79. The Reid parties

22

also committed to seek a stay of this case and the Naiser case pending in the Western District of

23

Kentucky for the same period of time.

24

4.

On November 5, 2013, the judge presiding over the Reid case (Chief Judge Ruben

25

Castillo) granted the joint motion and entered an order staying proceedings in the Reid case for

26

sixty days, until January 6, 2014. Reid, N.D. Ill. Case No. 12-cv-6058, Dkt. # 81.

27
2

28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

LEK, Inc. is named as a defendant in the Reid case, but did not join the motion to stay because it
had not yet been served with process at the time the joint motion was filed.
-2-

Case No. 3:13-CV-04749-EDL

STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS FOR PURPOSES OF MEDIATION

1

5.

Accordingly, subject to the approval of the Court, Plaintiffs and Unilever

2

(collectively, the “Parties”) have stipulated to a stay of all proceedings in this matter, including all

3

discovery, until January 6, 2014, and to defer all deadlines set forth in the Court’s October 16,

4

2013 Order Setting Initial Case Management Conference and ADR Deadlines (Dkt. # 4). At the

5

end of the stay period, if the case has not been resolved, the Parties will promptly report to the

6

Court so that the Court may enter a new scheduling order and determine whether to reset the Case

7

Management Conference that is currently scheduled for January 23, 2014 at 2:45 p.m.

8

6.

The Parties have agreed that the statutes of limitations applicable to any claims

9

relating to the Product of any persons who purchased the Product in the United States from the

10

date in 2011 that it was first made available to consumers through the present will be tolled

11

during the pendency of the requested stay period.

12

IT IS THEREFORE STIPULATED AND AGREED and the Parties respectfully request

13

through this application that the Court enter an order staying all proceedings in this matter,

14

including all discovery, until January 6, 2014, and deferring all deadlines set forth in the Court’s

15

October 16, 2013 Order Setting Initial Case Management Conference and ADR Deadlines

16

(Dkt. # 4).

17

Dated: November 25, 2013

SCHIFF HARDIN LLP

18
19
20
21
22
23
24
25
26

By: /s/ Jeffrey R. Williams
Jeffrey R. Williams
[e-mail]
Rocky N. Unruh
[e-mail]
Sarah D. Youngblood
[e-mail]
One Market
Spear Street Tower, Thirty-Second Floor
San Francisco, CA 94105
[phone]
COUNSEL FOR DEFENDANTS
UNILEVER UNITED STATES, INC.
AND CONOPCO, INC.

27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-3-

Case No. 3:13-CV-04749-EDL

STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS FOR PURPOSES OF MEDIATION

1

Dated: November 25, 2013

THE MEDHI LAW FIRM, P.C.

2
By:
/s/ Azra Z. Mehdi
Azra Z. Mehdi
[e-mail]
One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
[phone]

3
4
5
6
7

COUNSEL FOR PLAINTIFFS

8
9
10

I attest and certify that I received permission from plaintiffs’ counsel before e-filing this
document and will retain proof of this permission.

11
12

Dated: November 25, 2013

SCHIFF HARDIN LLP

13
14
15
16
17
18
19
20
21

By: /s/ Jeffrey R. Williams
Jeffrey R. Williams
[e-mail]
Rocky N. Unruh
[e-mail]
Sarah D. Youngblood
[e-mail]
One Market
Spear Street Tower, Thirty-Second Floor
San Francisco, CA 94105
[phone]
COUNSEL FOR DEFENDANTS
UNILEVER UNITED STATES, INC.
AND CONOPCO, INC.

22
23
24
25
26
27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-4-

Case No. 3:13-CV-04749-EDL

STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS FOR PURPOSES OF MEDIATION

1
2

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, THE
COURT ENTERS THE FOLLOWING ORDER:

3

All proceedings in this matter, including all discovery, are hereby stayed until January 6,

4

2014, and all deadlines set forth in the Court’s October 16, 2013 Order Setting Initial Case

5

Management Conference and ADR Deadlines (Dkt. # 4) are hereby deferred. At the end of the

6

stay period, if the case has not been resolved, the Parties will promptly report to the Court so that

7

the Court may enter a new scheduling order and determine whether to reset the Case Management

8

Conference that is currently scheduled for January 23, 2014 at 2:45 p.m.

9
10
11

November 26
Dated: __________________, 2013

________________________________
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
S CHIFF H ARDIN LLP
ATTORNEYS AT LAW
SAN FRANCISCO

-5-

Case No. 3:13-CV-04749-EDL

STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS FOR PURPOSES OF MEDIATION