Surzyn v. Diamond Foods, Inc.

Filing 40

ORDER GRANTING 39 STIPULATION Staying Case. Case stayed. Case Management Statement due by 2/4/2015; Further Case Management Conference set for 2/11/2015 02:30 PM. Signed by Judge Saundra Brown Armstrong on 10/27/2014. (ndr, COURT STAFF) (Filed on 10/28/2014)

1
2
3
4
5
6

Amanda L. Groves (SBN: 187216)
[e-mail]
Sean D. Meenan (SBN: 260466)
[e-mail]
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
DIAMOND FOODS, INC.

7

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
101 California Street
San Francisco, CA 94111-5802

UNITED STATES DISTRICT COURT

9

Winston & Strawn LLP

8

SAN FRANCISCO DIVISION

11

DOMINIKA SURZYN, individually and on
behalf of all others similarly situated,

12

Case No. 4:14-cv-00136-SBA
STIPULATION AND ORDER STAYING
CASE

Plaintiff,
13
v.
14
15

Judge: Hon. Saundra Brown
DIAMOND FOODS, a Delaware limited
liability company, and DOES 1 through 10,
inclusive,

16
Defendant.
17
18
19

The parties, through their undersigned counsel, hereby stipulate and agree as follows:

20

WHEREAS, Dominika Surzyn (“Plaintiff”) filed a putative class action against Diamond

21

Foods, Inc. (“Diamond Foods”) on January 9, 2014 in the United States District Court for the

22

Northern District of California (the “Complaint”);

23
24

WHEREAS, on March 24, 2014, Diamond Foods filed a Motion to Dismiss and Strike
Complaint;

25

WHEREAS, on April 22, 2014, Diamond Foods filed a Notice of Pendency of Other Actions,

26

which listed Klacko v. Diamond Foods, Inc., No. 9:14-cv-80005 (“Klacko”), a putative class action

27

which was filed in the Southern District of Florida on January 3, 2014, as a case involving all or a

28

material part of the subject matter of the instant action;
-1STIPULATION AND PROPOSED ORDER STAYING CASE
(Case No. 4:14-cv-00136-SBA)

1

WHEREAS, on May 28, 2014, the Court granted Diamond Foods’ motion to dismiss and

2

denied Diamond Foods’ alternative motion to strike as moot, and granted Plaintiff leave to amend

3

her Complaint;

4

WHEREAS, on June 11, 2014, Plaintiff filed an Amended Complaint;

5

WHEREAS, on July 14, 2014, Diamond Foods filed its Answer to the Amended Complaint;

6

WHEREAS, the parties in Klacko have reached a settlement and executed a Stipulation of

7

Class Action Settlement, and the court in Klacko is currently considering the unopposed Motion for

8

Preliminary Approval of Class Action Settlement which was filed on October 22, 2014;

9

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

10

WHEREAS, the Stipulation of Class Action Settlement in Klacko, if finally approved, would
settle and release the claims asserted by the Plaintiff herein;

11
12

WHEREAS, the parties have agreed to stay the instant action until the court in Klacko
determines whether to grant final approval of the Stipulation of Class Action Settlement;

13

WHEREAS, the parties have agreed to inform this Court of the outcome of the Klacko case

14

and whether the court in Klacko grants final approval to the Stipulation of Class Action Settlement;

15

THEREFORE, the parties hereby STIPULATE that, upon order of this Court, this case is

16

stayed pending the court’s decision in Klacko on whether to grant final approval of the Stipulation of

17

Class Action Settlement.

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
-2STIPULATION AND PROPOSED ORDER STAYING CASE
(Case No. 4:14-cv-00136-SBA)

1

IT IS SO STIPULATED AND AGREED.

2
Respectfully submitted,

3
4

Dated: October 27, 2014

WINSTON & STRAWN LLP

5
By: /s/ Amanda L. Groves
Amanda L. Groves
Attorneys for Defendant
DIAMOND FOODS, INC.

6
7
8

Dated: October 27, 2014

9

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

10

THE LAW OFFICES OF HOWARD W.
RUBINSTEIN, P.A.
By: /s/ Benjamin M. Lopatin
Benjamin M. Lopatin
Attorneys for Plaintiff
DOMINIKA SURZYN

11
12
13
14

I, Amanda L. Groves, hereby attest that the concurrence to the filing of this document has
been obtained from each signatory hereto.

15
16
17

/s/ Amanda L. Groves
Amanda L. Groves

18
19
20
21
22
23
24
25
26
27
28
-3STIPULATION AND PROPOSED ORDER STAYING CASE
(Case No. 4:14-cv-00136-SBA)

1
2

ORDER
Based on the stipulation of the parties and for good cause showing, it is hereby ordered that

3

this case is stayed pending the court’s decision in Klacko on whether to grant final approval of the

4

Stipulation of Class Action Settlement.

5
6
7
8
9

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

10
11
12
13

The parties shall appear for a telephonic Case Management Conference on February 11,
2015 at 2:30 p.m. At least seven (7) calendar days prior to the Case Management Conference, the
parties shall meet and confer and file a Joint Case Management Conference Statement that complies
with the Standing Order for All Judges of the Northern District of California and the Standing
Orders of this Court. Plaintiff’s counsel shall be responsible for filing the Joint Case Management
Statement and setting up the conference call. At the date and time indicated above, Plaintiff’s
counsel shall call [phone] with all parties on the line. If preliminary or final approval is not
conferred in Klacko, the parties shall immediately notify the Court.
IT IS SO ORDERED.

14
Dated: 10/27/14
15
UNITED STATES DISTRICT COURT JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
-4STIPULATION AND PROPOSED ORDER STAYING CASE
(Case No. 4:14-cv-00136-SBA)