Surzyn v. Diamond Foods, Inc.

Filing 42

ORDER VACATING CASE MANAGEMENT CONFERENCE AND ADMINSTRATIVELY CLOSING ACTION. ***Civil Case Terminated.*** Signed by Judge Saundra Brown Armstrong on 2/10/2015. (ndr, COURT STAFF) (Filed on 2/10/2015)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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11 DOMINIKA SURZYN, individually and on

Case No: C 14-0136 SBA

behalf of all others similarly situated,
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Plaintiff,
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vs.

ORDER VACATING CASE
MANAGEMENT CONFERENCE
AND ADMINSTRATIVELY
CLOSING ACTION

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DIAMOND FOODS, INC., a Delaware
15 limited liability company, and DOES 1

through 10, inclusive,
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Defendants.
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Upon stipulation of the parties, the Court previously stayed the instant class action

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pending preliminary approval of a nationwide class settlement in Klacko v. Diamond

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Foods, Inc., No. 9:14-cv-8005 (S.D. Fla.). Dkt. 40. The parties indicate in their recent

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Joint Case Management Statement that preliminary approval was granted and that a final

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approval hearing is now scheduled for July 17, 2015. Dkt. 41. In addition, the parties state

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that upon final approval of the Klacko settlement, Plaintiff will dismiss the instant action

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with prejudice. Id. Accordingly,

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IT IS HEREBY ORDERED THAT the Case Management Conference scheduled for

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February 11, 2015, is VACATED. The instant action shall be ADMINISTRATIVELY

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CLOSED pending a decision on the final approval of the class settlement in Klacko.

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Within ten (10) days of the final approval in Klacko, Plaintiff shall file a stipulation for

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dismissal in this case. In the event final approval is denied, Plaintiff shall, within ten (10)

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days of said denial, file a request to reopen this action and to schedule a Case Management

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Conference. The failure to comply with this Order will constitute grounds to dismiss the

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action with prejudice under Federal Rule of Civil Procedure 41.

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IT IS SO ORDERED.
Dated: 2/10/15

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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