Brazil v. Dole Food Company, Inc. et al

Filing 28

ORDER by Judge Lucy H. Koh denying as moot #16 Motion to Dismiss; granting #26 Stipulation Extending Time to Respond to Amended Complaint and Modifying Briefing and CMC Schedule. (lhklc3, COURT STAFF) (Filed on 7/27/2012)

1
2
3
4
5
6
7
8

WILLIAM L. STERN (CA SBN 96105)
[e-mail]
WILLIAM F. TARANTINO (CA SBN 215343)
[e-mail]
CLAUDIA M. VETESI (CA SBN 233485)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
DOLE FOOD COMPANY, INC.,
DOLE PACKAGED FOODS, LLC

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN JOSE DIVISION

12
13
14

CHAD BRAZIL, an individual, on his own
behalf and on behalf of all others similarly
situated,

15
16
17

Plaintiff,
v.
DOLE FOOD COMPANY, INC.,
DOLE PACKAGED FOODS, LLC,

18
Defendants.
19

Case No. CV12-01831 LHK
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO AMENDED
COMPLAINT AND MODIFYING
BRIEFING AND CMC SCHEDULE
As Amended by the Court
Hearing Date: September 20, 2012
Time: 1:30 p.m.
Judge: Hon. Lucy H. Koh
Action Filed: April 11, 2012

20
21
22

Plaintiff Chad Brazil (“Plaintiff”), on behalf of himself and all others similarly situated,

23

and Defendants Dole Food Company, Inc. and Dole Packaged Foods, LLC (“Dole” or

24

“Defendants”) through their undersigned counsel, hereby stipulate as follows:

25
26

WHEREAS on April 11, 2012 Plaintiff filed a Complaint for Damages, Equitable and
Injunctive Relief, which was served on Dole on May 8, 2012;

27
28
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE
CASE NO. CV12-01831 LHK
sf-3175002

1

WHEREAS pursuant to a stipulation providing that Dole could respond to the Complaint

2

on or before June 28, 2012, Dole filed a Motion to Dismiss the Complaint on July 2, 2012 due

3

to ECF failure from June 28, 2012 through July 2, 2012;

4

WHEREAS rather than responding to Dole’s Motion to Dismiss, Plaintiff Brazil filed an

5

Amended Class Action and Representative Action Complaint for Damages, Equitable and

6

Injunctive Relief (“Amended Complaint”) on July 23, 2012;

7
8
9

WHEREAS pursuant to Rule 15 of the Federal Rules of Civil Procedure, Dole’s
response to the Amended Complaint would be due on August 6, 2012;
WHEREAS the Amended Complaint is substantially longer than Plaintiff’s original

10

Complaint, as it is now 60 pages with 298 paragraphs and has many additional claims that

11

include at least 5 product lines;

12

WHEREAS because of the new length and nature of the Amended Complaint and Dole’s

13

desire for additional time to assess the new material, the parties have stipulated, subject to Court

14

approval, that Dole’s deadline to respond to the Amended Complaint will be August 13, 2012;

15

WHEREAS in order to permit themselves more time to brief the issues raised by Dole’s

16

Motion to Dismiss to be filed by August 13, 2012, the parties have agreed, subject to Court

17

approval, that Plaintiff’s Opposition to the Motion to Dismiss will be due August 31, 2012,

18

Defendants’ Reply to the Opposition will be due September 14, 2012, and Defendants will

19

notice the motion for hearing on September 27, 2012 or as soon thereafter as the matter may be

20

heard by the Court;

21

WHEREAS the parties agree that in light of the filing of the Amended Complaint and

22

the stipulated briefing and hearing schedule, the Case Management Conference currently

23

scheduled for September 20, 2012 should be rescheduled to coincide with the date for the

24

hearing on the Motion to Dismiss;

25

IT IS HEREBY STIPULATED, subject to the approval of the Court, that:

26

1. Defendants will respond to Plaintiff’s Amended Complaint no later than August 13,

27

2012;

28
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE
CASE NO. CV12-01831 LHK
sf-3175002

1
2

2. Plaintiff will file Opposition papers to the Motion to Dismiss no later than August
31, 2012;

3

3. Defendants will file Reply papers no later than September 14, 2012;

4

4. Defendants will notice the Motion to Dismiss for hearing on September 27, 2012;

5

5. The initial Case Management Conference will be held on the date of the hearing.

6
7

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE
CASE NO. CV12-01831 LHK
sf-3175002

1

Dated: July 26, 2012

2

WILLIAM L. STERN
WILLIAM F. TARANTINO
CLAUDIA M. VETESI
MORRISON & FOERSTER LLP

3
4

By: /s/ William L. Stern
WILLIAM L. STERN

5

Attorneys for Defendants
DOLE FOOD COMPANY, INC.,
DOLE PACKAGED FOODS, LLC

6
7
8
9
10

Dated: July 26, 2012

Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
1901 S. Bascom Avenue, Suite 350
Campbell, California 95008

11
12

By: /s/ Ben F. Pierce Gore
BEN F. PIERCE GORE

13

Attorneys for Plaintiff

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE
CASE NO. CV12-01831 LHK
sf-3175002

1
ECF ATTESTATION
2
3
4
5
6

I, William L. Stern, am the ECF User whose ID and password are being used to file the
following: STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO
RESPOND TO AMENDED COMPLAINT AND MODIFYING BRIEFING AND CMC
SCHEDULE. In compliance with General Order 45, X.B., I hereby attest that Ben F. Pierce
Gore has concurred in this filing.

7
8
9

WILLIAM L. STERN
WILLIAM F. TARANTINO
CLAUDIA M. VETESI
MORRISON & FOERSTER LLP

Dated: July 26, 2012

10
11

By: /s/ William L. Stern
WILLIAM L. STERN

12
13

[PROPOSED] ORDER

14
15

In light of the parties’ stipulation extending time to respond to Plaintiff’s Amended Complaint,

16

Defendant’s Motion to Dismiss the original Complaint (ECF No. 16) is DENIED as moot. The

17

Court further orders:

18

1. Defendants will respond to Plaintiff’s Amended Complaint no later than August 13, 2012;

19

2. Plaintiff will file Opposition papers to the Motion to Dismiss no later than August 31,

20

2012;

21

3. Defendants will file Reply papers no later than September 14, 2012;

22

4. Defendants will obtain the next available hearing date from Courtroom Deputy Martha

23

Parker Brown and will notice the Motion to Dismiss for hearing on that date;

24

5. The initial Case Management Conference will be held on the date of the hearing.

25
26
27

IT IS SO ORDERED.
DATED: ______________________
July 27, 2012

______________________________________
LUCY H. KOH
United States District Judge

28
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE
CASE NO. CV12-01831 LHK
sf-3175002