Brattain v. Santa Fe Natural Tobacco Company, Inc. et al

Filing 25

ORDER GRANTING 24 STIPULATION RE Briefing Schedule. Responses due by 1/13/2016. Replies due by 1/27/2016. Signed by Judge JEFFREY S. WHITE on 12/15/15. (jjoS, COURT STAFF) (Filed on 12/15/2015) Modified on 12/15/2015 (jjoS, COURT STAFF).

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David C. Kiernan (State Bar No. 215335)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
+1.415.626.3939
Facsimile:
+1.415.875.5700
Attorneys for Defendants
Santa Fe Natural Tobacco Company
and Reynolds American 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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RUSSELL BRATTAIN, individually and on
behalf of all others similarly situated,
Plaintiffs,
v.
SANTA FE NATURAL TOBACCO
COMPANY, INC., REYNOLDS
AMERICAN, INC., and DOES 1 through 59,
Defendants.

Case No. 4:15-cv-04705-JSW
Judge Jeffrey S. White
STIPULATED REQUEST AND
[PROPOSED] ORDER FOR
BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO
DISMISS

Complaint Filed October 9, 2015
No Trial Date Assigned

STIPULATED REQUEST FOR BRIEFING SCHEDULE
On October 12, 2015, Plaintiff served a 111-paragraph class-action Complaint against

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Sante Fe Natural Tobacco Company, Inc. and Reynolds American, Inc. (“Defendants”), alleging

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five causes of action challenging Defendants’ use of terms “100% additive-free,” “natural” and/or

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“organic” in the marketing of American Spirits cigarettes. Plaintiff seeks to represent a class of

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all persons in the State of California who purchased American Spirits.

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On December 14, 2015, Defendants moved to dismiss the Complaint in its entirety on the

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grounds (among others) that it fails to state a claim upon which relief may be granted and each

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cause of action is preempted by federal law. Under the local rules, Plaintiff’s opposition is due
Stipulated Req. For Briefing Schedule
Case No. 4:15-cv-04705-JSW

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fourteen days later on December 28, 2015, and Defendants’ reply is due seven days after

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Plaintiff’s opposition on January 4, 2016.

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In light of the holidays and the issues to be briefed, including federal preemption, the

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parties agree that Plaintiff be allowed an additional fourteen days to file his opposition and

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Defendants be allowed an additional seven days to file their reply.

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NOW THEREFORE the parties hereby agree, stipulate, and request that the Court enter
the following briefing schedule:

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Plaintiff’s opposition is due January 13, 2016; and

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Defendants’ reply in support of their motion to dismiss is due by January 27, 2016.

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IT IS SO STIPULATED.
Dated: December 15, 2015

JONES DAY

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By:

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Attorneys for Defendants
Santa Fe Natural Tobacco Company and
Reynolds American Inc.

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/S/ David C. Kiernan
David C. Kiernan

Dated: December 15, 2015

EGGNATZ, LOPATIN & PASCUCCI, LLP

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By:

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/S/ Benjamin M. Lopatin
Benjamin M. Lopatin

2201 Market Street, Suite H
San Francisco, California 94114
Telephone: [phone]
Facsimile: 415-520-2262
Attorneys for Plaintiff
Russell Brattain

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Stipulated Req. For Briefing Schedule
Case No. 4:15-cv-04705-JSW

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IT IS SO ORDERED.
December 15, 2015
DATED: __________________

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______________________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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Pursuant to L.R. 5-1(i), I attest that the concurrence in the filing of this document has been
obtained from Benjamin M. Lopatin which shall serve in lieu of his signature.
By: /S/ David C. Kiernan
David C. Kiernan

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NAI-1500647353v2

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Stipulated Req. For Briefing Schedule
Case No. 4:15-cv-04705-JSW