Brazil v. Dole Food Company, Inc. et al

Filing 67

ORDER by Judge Lucy H. Koh granting #64 Stipulation Re Briefing for Second Motion to Dismiss; granting #65 Stipulation Continuing Mediation Deadline; Continuing Case Management Conference; Vacating Case Schedule (lhklc3, COURT STAFF) (Filed on 5/13/2013)

1
2
3
4
5
6
7
8

United States District Court
For the Northern District of California

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,
Plaintiff,

15
16
17
18
19

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

20

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 12-CV-01831-LHK
ORDER GRANTING PARTIES’
STIPULATIONS RE: BRIEFING FOR
SECOND MOTION TO DISMISS AND
CONTINUING THE MEDIATION
DEADLINE; CONTINUING CASE
MANAGEMENT CONFERENCE;
VACATING CASE SCHEDULE

21

The Court hereby GRANTS the parties’ Stipulation Continuing Dates for Briefing

22

Regarding the Motion to Dismiss the Second Amended Complaint and Motion to Strike. See ECF

23

No. 64. Plaintiff’s response to the Motion to Dismiss the Second Amended Complaint and Motion

24

to Strike shall be due by May 20, 2013, and Defendants’ reply shall be due by June 3, 2013.

25

The Court hereby GRANTS the parties’ Stipulation Continuing the Mediation Deadline to

26

90 days from the date the Court rules on Defendants’ Motion to Dismiss the Second Amended

27

Complaint. See ECF No. 65.

28

1
Case No.: 12-CV-01831-LHK
ORDER GRANTING PARTIES’ STIPULATIONS RE: BRIEFING FOR SECOND MOTION TO DISMISS AND
CONTINUING THE MEDIATION DEADLINE; CONTINUING CASE MANAGEMENT CONFERENCE;
VACATING CASE SCHEDULE

1

The Court hereby CONTINUES the Case Management Conference set for May 15, 2013, to
September 26, 2013, following the hearing on Defendants’ Motion to Dismiss the Second

3

Amended Complaint and Motion to Strike. The Court VACATES the case schedule related to

4

Class Certification and therefore the subsequent case schedule. Because Plaintiff’s Motion for

5

Class Certification is currently due before the hearing on Defendants’ Motion to Dismiss the

6

Second Amended Complaint and Motion to Strike, and the parties may not have the benefit of the

7

Court’s ruling on Defendants’ Second Motion to Dismiss prior to the currently scheduled Class

8

Certification hearing, the Court finds that it would be prejudicial to both parties to proceed with the

9
United States District Court
For the Northern District of California

2

current Class Certification schedule. By September 19, 2013, the parties shall propose a revised

10

case schedule as part of their Joint Case Management Statement.

11

IT IS SO ORDERED.

12
13

Dated: May 13, 2013

________________________________
LUCY H. KOH
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
Case No.: 12-CV-01831-LHK
ORDER GRANTING PARTIES’ STIPULATIONS RE: BRIEFING FOR SECOND MOTION TO DISMISS AND
CONTINUING THE MEDIATION DEADLINE; CONTINUING CASE MANAGEMENT CONFERENCE;
VACATING CASE SCHEDULE