Cobbs v. VNGR Beverage LLC

Filing 53

ORDER (as modified) by Judge Haywood S. Gilliam, Jr. GRANTING 52 Stipulation for Leave to File Third Amended Consolidated Complaint and Extension of Deadline to Move for Preliminary Approval of Class Action Settlement. This order TERMINATES docket no. 37 . Motions due by 3/14/2025. (ndr, COURT STAFF) (Filed on 3/6/2025)

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BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
Joshua B. Glatt (State Bar No. 354064)
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
GUTRIDE SAFIER LLP
Seth A. Safier (State Bar No. 197427)
Marie A. McCrary (State Bar No. 262670)
Anthony J. Patek (State Bar No. 228964)
100 Pine Street, Suite 1250
San Francisco, CA 94111
E-mail: [e-mail]
[e-mail]
[e-mail]
Co-Lead Interim Class Counsel

COOLEY LLP
MICHELLE C. DOOLIN (179445)
([e-mail])
MEGAN L. DONOHUE (266147)
([e-mail])
VIVIENNE A. PISMAROV (345611)
([e-mail])
10265 Science Center Drive
San Diego, CA 92121-1117
Telephone: [phone]
Facsimile: [phone]
MAXIMILIAN SLADEK DE LA CAL
(324961)
([e-mail])
1333 2nd Street, Suite 400
Santa Monica, CA 90401-4100
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

[Additional Counsel Listed on Signature Page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
In re VNGR BEVERAGE, LLC LITIGATION

Case No. 4:24-cv-03229-HSG

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Hon. Haywood S. Gilliam, Jr.

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JOINT STIPULATION FOR LEAVE
TO FILE THIRD AMEDED
CONSOLIDATED COMPLAINT AND
EXTENSION OF DEADLINE TO
MOVE FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT AND ORDER (as
modified)

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This Document Relates to:
23 Case No. 4:24-cv-03612-HSG
Case No. 4:24-cv-06666-HSG
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JOINT STIPULATION AND ORDER
CASE NO. 4:24-cv-03229-HSG

Pursuant to Civil Local Rule 7-12, Plaintiffs Kristin Cobbs, Carol Lesh, Sarah Coleman,

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and Megan Wheeler (“Plaintiffs”) and Defendant VNGR Beverage, LLC d/b/a Poppi

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(“Defendant” or “Poppi,” and together with “Plaintiffs,” the “Parties), hereby jointly stipulate

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WHEREAS, the above consolidated action, In re VNGR Beverage, LLC Litigation, Case

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No. 4:24-cv-03229-HSG (ECF No. 1, the “Consolidated Action”) is presently pending before the

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Court;

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WHEREAS, on August 20, 2024, Plaintiffs filed a Second Amended Consolidated
Complaint (“SAC”) (ECF No. 35);
WHEREAS, on September 23, 2024, Poppi filed its Motion to Dismiss the SAC, which

11 was initially scheduled for a hearing before this Court on December 5, 2024 at 2:00 p.m. (ECF
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WHEREAS, on October 21, 2024, the Court granted the Parties’ Joint Stipulation to

14 Continue the Motion to Dismiss Hearing to December 19, 2024. (ECF No. 42);
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WHEREAS, on December 4, 2024, the Parties attended a private mediation with the

16 Honorable Judge Jay C. Gandhi (Ret.) and subsequently have continued to negotiate resolution
17 of the Consolidated Action;
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WHEREAS, on December 6, 2024, the Court vacated the December 19, 2024 hearing

19 (ECF No. 47);
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WHEREAS, on December 16, 2024, the Court granted the Parties’ joint stipulation to

21 stay the Consolidated Action for sixty (60) calendar days until February 14, 2025, to provide the
22 Parties with time to finalize and execute a formal class settlement agreement (ECF Nos. 48–49);
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WHEREAS, on February 13, 2025, the Parties filed a joint stipulation informing the

24 Court that the Parties were finalizing the terms of a formal class settlement and requested a
25 continuance of the previously granted stay to March 10, 2025, which the Court granted (ECF
26 Nos. 50-51);
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WHEREAS, the Parties executed the Settlement Agreement on March 5, 2025 and have

28 finalized the supporting exhibits.
JOINT STIPULATION AND ORDER
CASE NO. 4:24-cv-03229-HSG

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WHEREAS, pursuant to the Settlement Agreement, the Parties have agreed that Plaintiffs

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shall file a Third Amended Consolidated Complaint, in the form attached as Exhibit A to this

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stipulation, adding a claim for breach of implied warranty; and

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WHEREAS, pending the Court’s approval of the Third Amended Complaint, the Parties

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are drafting a Motion for Preliminary Approval of Class Action Settlement in accordance with

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the final terms.

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NOW WHEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE

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PARTIES THAT, subject to the Court’s approval, Plaintiffs’ Third Amended Consolidated

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Complaint shall become the operative pleading. Plaintiffs shall file a Motion for Approval of

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Settlement seeking a preliminary order on March 14, 2025.

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JOINT STIPULATION AND ORDER
CASE NO. 4:24-cv-03229-HSG

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Dated: March 5, 2025

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Respectfully submitted,
BURSOR & FISHER, P.A.

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By: /s/ L. Timothy Fisher
L. Timothy Fisher

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L. Timothy Fisher (State Bar No. 191626)
Joshua B. Glatt (State Bar No. 354064)
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]

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GUTRIDE SAFIER LLP
Seth A. Safier (State Bar No. 197427)
Marie A. McCrary (State Bar No. 262670)
Anthony J. Patek (State Bar No. 228964)
100 Pine Street, Suite 1250
San Francisco, CA 94111
E-mail: [e-mail]
[e-mail]
[e-mail]

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Co-lead Interim Class Counsel

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GUCOVSCHI ROZENSHTEYN, PLLC
Adrian Gucovschi (Pro Hac Vice)
Benjamin Rozenshteyn (Pro Hac Vice forthcoming)
140 Broadway, Suite 4667
New York, NY 10005
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]

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Attorneys for Plaintiff Cobbs

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KAPLAN FOX & KILSHEIMER LLP
Laurence D. King (SBN 206423)
Matthew B. George (SBN 239322)
Blair E. Reed (SBN 316791)
Clarissa R. Olivares (SBN 343455)
1999 Harrison Street, Suite 1560
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]

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JOINT STIPULATION AND ORDER
CASE NO. 4:24-cv-03229-HSG

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E-mail: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Wheeler

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Dated: March 5, 2025

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COOLEY LLP
By: /s/ Michelle C. Doolin
Michelle C. Doolin

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MICHELLE C. DOOLIN (179445)
([e-mail])
MEGAN L. DONOHUE (266147)
([e-mail])
VIVIENNE A. PISMAROV (345611)
([e-mail])
10265 Science Center Drive
San Diego, CA 92121-1117
Telephone: [phone]
Facsimile: [phone]

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MAXIMILIAN SLADEK DE LA CAL (324961)
([e-mail])
1333 2nd Street, Suite 400
Santa Monica, CA 90401-4100
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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L.R. 5-1 ATTESTATION

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I, L. Timothy Fisher, attest that all signatories listed herein, and on whose behalf this

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filing is submitted, concur in this filing’s content and have authorized this filing.

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By:

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/s/ L. Timothy Fisher
L. Timothy Fisher

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JOINT STIPULATION AND ORDER
CASE NO. 4:24-cv-03229-HSG

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ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED. The Court, having

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considered the Parties’ Joint Stipulation and finding good cause for the same, hereby orders that

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the Parties request for leave to allow Plaintiffs to file a Third Amended Consolidated

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Complaint is GRANTED and the Third Amended Complaint attached as Exhibit A to the Joint

6 Stipulation is hereby the operative pleading in this action. Counsel is directed to e-file the
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Third Amended Complaint on the docket forthwith. Plaintiffs shall file a Motion for

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Preliminary Approval of Class Action Settlement by March 14, 2025.

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This order TERMINATES docket no. 37.
IT IS SO ORDERED.
Dated:
3/6/2025

Hon. Haywood S. Gilliam, Jr.
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER
CASE NO. 4:24-cv-03229-HSG

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