Chacanaca et al v. The Quaker Oats Company

Filing 105

STIPULATION AND ORDER RE 104 TO SET BRIEFING SCHEDULE, EXTEND STAY OF DISCOVERY, AND CONTINUE CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT. Case Management Conference set for 12/8/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 8/31/11. (cl, COURT STAFF) (Filed on 8/31/2011)

*E-Filed 8/31/11*

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ARNOLD & PORTER LLP
ANGEL A. GARGANTA (163957)
RACHEL L. CHANIN (229253)
GEORGE F. LANGENDORF (255563)
MAULIK G. SHAH (255403)
One Embarcadero Center, 22nd Floor
San Francisco, CA 94111-3711
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

THE WESTON FIRM
Gregory S. Weston (239944)
888 Turquoise Street
San Diego, CA 92109
Phone: [phone]
Fax: [phone]
[e-mail]

Attorneys for Defendant
THE QUAKER OATS COMPANY

LAW OFFICES OF RONALD A.
MARRON, APLC
Ronald A. Marron (175650)
3636 4th Avenue, Suite 202
San Diego, CA 92103
Phone: [phone]
Fax: [phone]
[e-mail]

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Jack Fitzgerald (257370)
2811 Sykes Court
Santa Clara, CA 95051
Phone: [phone]
[e-mail]

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Interim Class Counsel
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VICTOR GUTTMANN, KELLEY BRUNO,
SONYA YRENE, and REBECCA YUMUL,
on behalf of themselves and all others similarly
situated,

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Plaintiffs,
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vs.
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THE QUAKER OATS COMPANY,

Case No.: 5:10-cv-00502 RS
Pleading Type: Class Action
JOINT STIPULATION AND [PROPOSED]
ORDER TO SET BRIEFING SCHEDULE,
EXTEND STAY OF DISCOVERY, AND
CONTINUE CASE MANAGEMENT
CONFERENCE.
AS MODIFIED BY THE COURT

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Defendant.
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30972698v2

JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE, EXTEND STAY OF
DISCOVERY, AND CONTINUE CASE MANAGEMENT CONFERENCE
Case No. 5:10-cv-00502

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This Stipulation is entered into by and between Plaintiffs Victor Guttmann, Kelley Bruno,

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Sonya Yrene, and Rebecca Yumul (“Plaintiffs”) and Defendant The Quaker Oats Company

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(“Quaker”), by and through their respective counsel.

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WHEREAS, on June 14, 2011, the Court consolidated the matters Chacanaca, et al. v. The

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Quaker Oats Company, Case No. 5:10-cv-00502 RS; Yrene, et al. v. The Quaker Oats Company,

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Case No. 5:10-cv-05398-RS; Bruno v. The Quaker Oats Company, Case No. 5:10-cv-05538; and

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Pelobello v. Quaker Oats Company, C 11-0093 RS, into one action, appointed the Weston Firm and

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the Law Offices of Ronald A. Marron Interim Class Counsel, and ordered Plaintiffs to file a

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consolidated complaint within ten days. (Doc. #94);

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WHEREAS, the Court also scheduled a Case Management Conference for September 15,

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2011, directed the parties to file a Joint Case Management Statement at least one week prior to the

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Conference, and stayed discovery pending the Case Management Conference. (Doc. #94);

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WHEREAS, on June 24, 2011, Plaintiffs filed a Consolidated Complaint. (Doc. #95);

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WHEREAS, on July 29, 2011, pursuant to a stipulated briefing schedule, Quaker filed a

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motion to dismiss the Consolidated Complaint (Doc. #98);
WHEREAS, on August 19, 2011, Plaintiffs filed an Amended Consolidated Complaint
(Doc. #102);

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NOW, THEREFORE, in consideration of the above, Plaintiffs and Quaker hereby stipulate
as follows:
1.

Quaker’s Motion to Dismiss the Amended Consolidated Complaint is due on

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September 16, 2011. Plaintiffs’ Opposition to Quaker’s Motion to Dismiss the Amended

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Consolidated Complaint is due on October 17, 2011. Quaker’s Reply In Support of its Motion to

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Dismiss is due on October 31, 2011.

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2.

The stay of discovery shall remain in effect pending the Court’s ruling on

Defendant’s motion to dismiss the Amended Consolidated Complaint.

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-2JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE, EXTEND STAY OF
DISCOVERY, AND CONTINUE CASE MANAGEMENT CONFERENCE
Case No. 5:10-cv-00502

3.

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The Case Management Conference scheduled for September 15, 2011 shall be taken

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off calendar, to be rescheduled after the Court’s ruling on Defendant’s motion to dismiss the

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Amended Consolidated Complaint.

THE PARTIES SHALL FILE A JOINT STATEMENT ONE
WEEK PRIOR TO THE CONFERENCE.

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CONTINUED TO DECEMBER 8, 2011 AT 10:00 A.M.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

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Dated: August 30, 2011

ARNOLD & PORTER LLP

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By: /s/ Angel A. Garganta
Angel A. Garganta

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Attorneys for Defendant
The Quaker Oats Company

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Dated: August 30, 2011

THE WESTON FIRM

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By: /s/ Jack Fitzgerald
Jack Fitzgerald

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Attorneys for Plaintiffs



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PURSUANT TO THE STIPULATION, IT IS SO ORDERED

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8/31/11
Dated: ________________

____________________________
Honorable Richard Seeborg
United States District Court Judge

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-3JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE, EXTEND STAY OF
DISCOVERY, AND CONTINUE CASE MANAGEMENT CONFERENCE
Case No. 5:10-cv-00502