Ko v. Natura Pet Products, Inc. et al

Filing 55

ORDER APPROVING 54 JOINT STIPULATION TO VACATE THE HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Signed by Judge Jeremy Fogel on 7/6/2010. (jflc2, COURT STAFF) (Filed on 7/6/2010)

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Ko v. Natura Pet Products, Inc. et al Doc. 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Patrick N. Keegan, Esq. (SBN: 167698) KEEGAN & BAKER, LLP 5650 El Camino Real, Suite 120 Carlsbad, CA 92008 Telephone: (760) 929-9303 Facsimile: (760) 929-9260 Jason E. Baker, Esq. (SBN: 197666) KEEGAN & BAKER, LLP 6255 Lusk Boulevard, Suite 140 San Diego, CA 92121 Telephone: (858) 558-9400 Facsimile: (858) 558-9401 Attorneys for Representative Plaintiff JUDY KO Allen Ruby, Esq. LAW OFFICES OF ALLEN RUBY 125 South Market Street, Suite 1001 San Jose, CA 95113 Telephone: (408) 998-8500 Facsimile: (408) 998-8503 James J. Frost McGRATH NORTH MULLIN & KRATZ, PC 3700 First National Tower, 1601 Dodge Street Omaha, NE 68102 Telephone: (402)341-3070 Facsimile: (402)341-0216 Attorneys for Defendants NATURA PET PRODUCTS, INC. And PETER ATKINS **E-Filed 7/6/2010** UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUDY KO, individually and on behalf of all ) Case No. C 09-02619 JF other persons similarly situated and on behalf ) of the general public, ) Assigned to the Hon. Jeremy Fogel ) ORDER APPROVING Plaintiff, ) JOINT STIPULATION TO VACATE THE vs. ) HEARING ON PLAINTIFFS' MOTION ) FOR CLASS CERTIFICATION NATURA PET PRODUCTS, INC; NATURA ) PET FOOD, INC.; NATURA ) MANUFACTURING, Incorporated; PETER ) ATKINS; and DOES 1 through 100, inclusive, ) ) Defendants. ) _____________________________________ ) Joint Stipulation to Vacate Hearing Case No. C 09-02619 JF Dockets.Justia.com 1 2 3 4 5 6 7 8 Plaintiff JUDY KO, individually and on behalf of the putative class ("Plaintiffs"), by and through her attorneys of record, Keegan & Baker, LLP and Defendants NATURA PET PRODUCTS, INC.; NATURA PET FOOD, INC.; NATURA MANUFACTURING, Incorporated and PETER ATKINS ("Defendants"), by and through their counsel of record, McGrath North Mullin & Kratz, PC LLO, hereby jointly request that the hearing on Plaintiffs' Motion for Class Certification be vacated without prejudice. In support of the stipulation, the parties state as follows: 1. This is a class action involving false advertising claims brought under the California Business and Professions Code 17200 for which Plaintiff seeks to certify a nation-wide class of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiffs' Motion for Class Certification currently scheduled for September 15, 2010. 24 25 26 27 28 /// /// /// /// 1 purchasers of Defendants' dog and cat food products. 2. On April 9, 2010, the parties participated in a mediation with the Hon. Jack Komar (Ret.) and have executed a memorandum of understanding including the material terms of a proposed class action settlement of the above-referenced matter, including a stipulated settlement class. 3. The parties are in the process of finalizing a more fully comprehensive settlement agreement, which will include a proposed notice plan. 4. As a result, the parties agree to vacate without prejudice the briefing schedule and hearing on Plaintiffs' Motion for Class Certification currently scheduled for September 15, 2010. 5. The parties presently anticipate filing with the Court a motion for preliminary approval of their proposed class action settlement within the next ninety (90) days or no later than September 27, 2010. WHEREFORE, the parties jointly request than an Order be entered vacating the hearing on Joint Stipulation to Vacate Hearing Case No. C 09-02619 JF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to ECF 2(f)(4), Plaintiff's counsel certifies the content of the document is acceptable to all persons required to sign the document. Dated: July 1, 2010 KEEGAN & BAKER, LLP s/ Patrick N. Keegan Patrick N. Keegan, Esq. Attorney for Representative Plaintiff JUDY KO Dated: July 1, 2010 McGRATH NORTH MULLIN & KRATZ, PC s/ James J. Frost James J. Frost, Esq. Attorney for Defendants NATURA PET PRODUCTS, INC. and PETER ATKINS IT IS SO ORDERED. Dated: 7/6/2010 ____________________________________ JEREMY FOGEL United Stated District Judge Joint Stipulation to Vacate Hearing 2 Case No. C 09-02619 JF

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