Kane v. Chobani, Inc

Filing 131

ORDER VACATING JULY 12, 2013 ORDER REGARDING DEFENDANTS MOTION TO DISMISS; CASE MANAGEMENT ORDER.(lhklc1, COURT STAFF) (Filed on 7/25/2013)

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UNITED STATES DISTRICT COURT

United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KATIE KANE, et al., individuals, on behalf
of themselves and all others similarly situated,

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Plaintiffs,
v.
CHOBANI, INC.,

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Defendant.
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Case No.: 12-CV-02425-LHK

ORDER VACATING JULY 12, 2013
ORDER REGARDING DEFENDANT’S
MOTION TO DISMISS; CASE
MANAGEMENT ORDER

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On July 25, 2013, the parties appeared before the Court for the hearing on Defendant’s

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Motion to Disqualify, ECF No. 64, and for a Case Management Conference. During the hearing,

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the parties also addressed Defendant’s pending Motion for Leave to File a Motion for

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Reconsideration of the Court’s July 12, 2013 Order regarding Defendant’s Motion to Dismiss.

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ECF No. 128 (“Motion for Leave”). The parties stipulate to permitting Defendant to file a Motion

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for Reconsideration of the issues addressed in Defendant’s Motion for Leave: (1) the Court’s

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characterization of Plaintiffs’ ECJ theory, and (2) whether the doctrine of primary jurisdiction

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Case No.: 12-CV-02425-LHK
ORDER VACATING JULY 12, 2013 ORDER REGARDING DEFENDANT’S MOTION TO DISMISS; CASE
MANAGEMENT ORDER

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should apply to preclude Plaintiffs’ ECJ claims. The Court hereby GRANTS Defendant’s Motion

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for Leave. The Court’s July 12, 2013 Order, ECF No. 125, is VACATED.

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Plaintiffs indicated that they also intend to file a Motion for Leave to File a Motion for

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Reconsideration of certain aspects of the Court’s July 12, 2013 Order. Plaintiffs shall file their

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Motion for Leave by July 31, 2013. Defendant shall file its response by August 7, 2013. Plaintiffs

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Motion for Leave and Defendant’s response shall be limited to 7 pages each. No Reply shall be

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permitted. After Plaintiffs’ Motion for Leave has been decided, the Court will set a hearing date

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for Defendant’s Motion for Reconsideration, or, if Plaintiffs are granted leave, both parties’

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Motions for Reconsideration. The parties shall then stipulate to a briefing schedule.

United States District Court
For the Northern District of California

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With respect to the Case Management Conference, discovery and initial disclosures remain

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stayed. The Court also declines to set a case schedule. A further Case Management Conference

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will take place on October 30, 2013 at 2:00 p.m.

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IT IS SO ORDERED.

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Dated: July 25, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-02425-LHK
ORDER VACATING JULY 12, 2013 ORDER REGARDING DEFENDANT’S MOTION TO DISMISS; CASE
MANAGEMENT ORDER