Kane v. Chobani, Inc

Filing 136

ORDER GRANTING THE PARTIES JULY 29, 2013 STIPULATION. Signed by Judge Lucy H. Koh on July 30, 2013. (lhklc1, COURT STAFF) (Filed on 7/30/2013)

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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 GRANTING THE PARTIES’
JULY 29, 2013 STIPULATION

On July 25, 2013, the Court issued an Order granting Chobani’s Motion for Leave to Seek

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Reconsideration of certain aspects of the Court’s July 12, 2013 Order Regarding Chobani’s Motion

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to Dismiss. ECF No. 131. The Court also vacated the July 12, 2013 Order to permit

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reconsideration of the issues identified by Chobani in its Motion for Lave to Seek Reconsideration.

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Id. On July 29, 2013, the parties filed a stipulation in which the parties state that, in light of the

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Court’s Order vacating the July 12, 2013 Order, the parties agree that: (1) Plaintiffs are not

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obligated to file a third amended complaint, and (2) there is no time period within which any party

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should file a motion under 28 U.S.C. § 1292(b) as to the vacated Order, and that a § 1292(b)

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Motion relating to the Motion to Dismiss proceedings, if any, should address the order to be issued
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Case No.: 12-CV-02425-LHK
ORDER GRANTING THE PARTIES’ JULY 29, 2013 STIPULATION

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by the Court on the Motion to Dismiss. The parties’ stipulation is GRANTED. However, the

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Court cautions the parties that the Court has not agreed that a § 1292(b) Motion is appropriate or

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that such a Motion would be granted.

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IT IS SO ORDERED.

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Dated: July 30, 2013

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 12-CV-02425-LHK
ORDER GRANTING THE PARTIES’ JULY 29, 2013 STIPULATION