Kane v. Chobani, Inc
Filing
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Order by Hon. Lucy H. Koh granting in part and denying in part 31 Stipulation.(lhklc1, COURT STAFF) (Filed on 10/2/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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SAN JOSE DIVISION
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KATIE KANE, individually and on behalf of all )
others similarly situated,
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Plaintiff,
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v.
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CHOBANI, INC., also known as AGRO)
FARMA, INC.
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Defendant.
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Case No. 12-CV-02425-LHK
ORDER RE: JOINT STIPULATION RE:
(1) FILING OF SECOND AMENDED
COMPLAINT, AND (2) BRIEFING AND
HEARING SCHEDULES ON
DEFENDANT’S MOTION TO
DISMSISS AND PLAITNIFF’S
MOTION FOR PRELIMINARY
INJUNCTION
The parties have filed a Joint Stipulation re: (1) Filing of Second Amended Complaint, and
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(2) Briefing and Hearing Schedules on Defendant’s Motion to Dismiss and Plaintiff’s Motion for
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Preliminary Injunction (“Stipulation”). ECF No. 31. The Court, having considered the Stipulation,
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and for good cause shown, ORDERS as follows:
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(1) Plaintiff shall file her second amended complaint (“Second Amended Complaint”) no later
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than October 10, 2012;
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(2) In light of the Second Amended Complaint, Defendant no longer has a deadline of October
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12, 2012 to answer or otherwise respond to the Amended Complaint;
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(3) Defendant’s deadline to respond to the Second Amended Complaint shall be November 12,
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2012;
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Case No.: 12-CV-02425-LHK
ORDER RE: JOINT STIPULATION RE: (1) FILING OF SECOND AMENDED COMPLAINT, AND (2) BRIEFING
AND HEARING SCHEDULES ON DEFENDANT’S MOTION TO DISMSISS AND PLAITNIFF’S MOTION FOR
PRELIMINARY INJUNCTION
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(4) Defendant shall have until November 2, 2012 to file its opposition to Plaintiff’s motion for
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a preliminary injunction, and Plaintiff shall have until December 3, 2012 to file her reply;
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and
(5) The Parties’ request that Defendant’s yet to be filed motion to dismiss the Second Amended
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Complaint be heard on January 24, 2012 is DENIED. If Defendant intends to file a motion
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to dismiss the Second Amended Complaint, Defendant shall contact the Court and request a
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hearing date before Defendant files its motion. Should the Parties wish to change the due
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date for Plaintiff’s opposition to Defendant’s motion to dismiss, or the due date for
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United States District Court
For the Northern District of California
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Defendant’s reply in support of Defendant’s motion to dismiss, they must file a stipulation
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setting forth the amended briefing schedule after Defendant has filed its motion to dismiss.
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IT IS SO ORDERED.
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Dated: October 2, 2012
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LUCY H. KOH
United States District Judge
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Case No.: 12-CV-02425-LHK
ORDER RE: JOINT STIPULATION RE: (1) FILING OF SECOND AMENDED COMPLAINT, AND (2) BRIEFING
AND HEARING SCHEDULES ON DEFENDANT’S MOTION TO DISMSISS AND PLAITNIFF’S MOTION FOR
PRELIMINARY INJUNCTION
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