Chacanaca et al v. The Quaker Oats Company

Filing 152

STIPULATION AND ORDER RE 150 CONTINUING CASE MANAGEMENT CONFERENCE AND CLASS CERTIFICATION DEADLINE. Motion Hearing set for 9/19/2013 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 12/7/12. (cl, COURT STAFF) (Filed on 12/7/2012)

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1 THE WESTON FIRM JACK FITZGERALD (257370) 2 jack@westonfirm.com GREGORY S. WESTON (239944) 3 greg@westonfirm.com 4 MELANIE PERSINGER (275423) mel@westonfirm.com 5 San Diego, CA 92110 1405 Morena Blvd., Suite 201 6 Telephone: (619) 798 2006 Facsimile: (480) 247 4553 7 GIBSON, DUNN & CRUTCHER LLP DANIEL W. NELSON (pro hac vice) DNelson@gibsondunn.com SCOTT P. MARTIN (pro hac vice) SMartin@gibsondunn.com 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 Telephone: (202) 955-8500 Facsimile: (202) 530-4238 Attorneys for The Quaker Oats Company 8 LAW OFFICES OF RONALD A. MARRON, APLC 9 RONALD A. MARRON (175650) ron@consumersadvocates.com 10 B. SKYE RESENDES (278511) skye@consumersadvocates.com 11 3636 4th Avenue, Suite 202 San Diego, CA 92103 12 Telephone: (619) 696-9006 Facsimile: (619) 564-6665 13 14 Interim Class Counsel 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 Case No: 5:10-CV-00502-RS 21 JOINT STIPULATION AND [PROPOSED] SCHEDULING ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND CLASS CERTIFICATION DEADLINE 22 23 24 IN RE QUAKER OATS LABELING LITIGATION Judge: Honorable Richard Seeborg 25 26 27 28 In re Quaker Oats Labeling Litigation, Case No. 5:10-cv-00502-RS JOINT STIPULATION AND [PROPOSED] SCHEDULING ORDER 1 WHEREAS, on March 25, 2012, the Court entered a Case Management Scheduling Order, 2 limiting pre-certification discovery, scheduling a Case Management Conference for December 13, 3 2012, and scheduling a hearing for Plaintiff’s class certification motion for May 2, 2013 (Dkt. No. 4 139); 5 WHEREAS, in the ensuing months, the parties voluntarily limited discovery in the interest of 6 avoiding unnecessary expense while evaluating the feasibility of settlement; the parties now agree, 7 however, that that pre-certification discovery should proceed; 8 WHEREAS, the parties respectfully request that the Court continue the previously scheduled 9 hearing date for Plaintiffs’ class certification motion to allow the parties an opportunity to develop a 10 full class certification record; 11 WHEREAS, the parties have agreed to a briefing schedule and a suggested hearing date on 12 Plaintiffs’ motion for class certification that would permit the development of a full record and ensure 13 that briefing on the motion is completed at least two weeks in advance of the hearing; 14 WHEREAS, the parties respectfully suggest that, in light of the foregoing, it would be most 15 efficient to continue the Case Management Conference currently scheduled for December 13, 2012 16 until May 2013. 17 NOW, THEREFORE, in consideration of the above, Plaintiffs and Defendant The Quaker Oats 18 Company, by and through their counsel of record, hereby stipulate and request that the Court order as 19 follows: 20 1. CASE MANAGEMENT CONFERENCE CONTINUED: The Case Management 21 Conference scheduled for December 13, 2012, shall be continued to May 2013, at a date and time 22 acceptable to the Court. The parties shall file a Joint Case Management Statement at least one week 23 prior to the Conference. 24 2. CLASS CERTIFICATION: A hearing on Plaintiffs’ Motion for Class Certification shall 25 be held on September 19, 2013, or such other date as the Court may order, at 1:30 p.m. in Courtroom 3, 26 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA. 27 28 1 In re Quaker Oats Labeling Litigation, Case No. 5:10-cv-00502-RS JOINT STIPULATION AND [PROPOSED] SCHEDULING ORDER 1 3. BRIEFING SCHEDULE: Plaintiffs’ motion for class certification (including all 2 evidence and any expert testimony in support) shall be filed no later than 16 weeks before the hearing 3 date for the motion. Defendants’ opposition (including all evidence and any expert testimony in 4 support) shall be filed no later than 8 weeks after the filing of Plaintiffs’ class certification motion. 5 Any reply in support of class certification shall be filed no later than 6 weeks after the filing of the 6 opposition, and no later than 2 weeks before the hearing on the motion. The parties are directed to 7 prepare a proposed scheduling order listing the relevant calendar dates based on the hearing date 8 ordered by the Court. 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 Dated: December 5, 2012 By: /s/ Gregory S. Weston 11 THE WESTON FIRM GREGORY S. WESTON JACK FITZGERALD MELANIE PERSINGER 1405 Morena Blvd, Suite 102 San Diego, CA 92110 Telephone: (619) 798-2006 12 13 14 15 LAW OFFICES OF RONALD A. MARRON, APLC RONALD A. MARRON B. SKYE RESENDES 3636 4th Avenue, Suite 202 San Diego, CA 92103 Telephone: (619) 696-9006 16 17 18 19 Interim Class Counsel 20 By: /s/ Daniel W. Nelson 21 GIBSON, DUNN & CRUTCHER LLP DANIEL W. NELSON SCOTT P. MARTIN 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 Telephone: (202) 955-8500 22 23 24 Attorneys for The Quaker Oats Company 25 26 PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED. 27 DATED: _________________ 12/7/12 28 ___________________________________ THE HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 2 In re Quaker Oats Labeling Litigation, Case No. 5:10-cv-00502-RS JOINT STIPULATION AND [PROPOSED] SCHEDULING ORDER

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