Ivie v. Kraft Foods Global, Inc. et al

Filing 37

STIPULATION AND ORDER 35 Modifying Briefing Schedule and Hearing Date on Defendant's Motion to Dismiss Plaintiff's Amended Complaint. Set/Reset Deadlines as to 31 MOTION to Dismiss . Motion Hearing set for 2/8/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 12/21/12. (jg, COURT STAFF) (Filed on 12/21/2012)

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1 2 3 4 5 6 Pierce Gore (SBN 128515) PRATT & ASSOCIATES 1871 The Alameda, Suite 425 San Jose, CA 95126 pgore@prattattorneys.com Phone: (408) 429-6506 Facsimile: (408) 369-0752 Attorneys for Plaintiff SUSAN IVIE 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 SUSAN IVIE, individually and on behalf of all others similarly situated, Plaintiff, vs. KRAFT FOODS GLOBAL, INC., CADBURY ADAMS USA LLC, and BACK TO NATURE FOODS COMPANY, No. CV 12-02554-RMW (PSG) STIPULATION AND [] ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT Action Filed: May 17, 2012 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [] ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE CASE NO. CV 12-02554 – RMW (PSG) 1 Plaintiff Susan Ivie, on behalf of herself and all others similarly situated, and Defendants Kraft 2 Foods Global, Inc., Cadbury Adams USA, LLC, and Back to Nature Foods Company, through their 3 undersigned counsel, hereby stipulate as follows: 4 WHEREAS, on October 31, 2012, the parties stipulated (Dkt. No. 30) that Defendants’ motion to 5 dismiss shall be filed by November 7, 2012, Plaintiffs’ response by December 7 and Defendants’ reply 6 brief by December 21; 7 8 WHEREAS, Defendants filed their Motion to Dismiss Plaintiff’s Amended Complaint (the “Motion”) on November 7, 2012 (Dkt. No. 31); 9 10 WHEREAS, Plaintiff’s counsel needs more time to respond to the Motion, which is 35 pages long; 11 THE PARTIES HEREBY STIPULATE, pursuant to Civil Local Rule 6-2, that Plaintiff shall file 12 and serve her opposition by December 21, 2012; Defendants shall file and serve their reply brief by 13 January 18, 2013; and with the Court’s approval, the Motion shall be heard on February 8, 2013, at 14 9:00 a.m. 15 16 Dated: December 6, 2012 PRATT & ASSOCIATES _/s Pierce Gore___________________ By: Pierce Gore 17 18 Attorneys for Plaintiff Susan Ivie 19 20 21 22 23 24 25 Dated: December 6, 2012 JENNER & BLOCK LLP _/s Kenneth K. Lee_________________ By: Kenneth K. Lee Attorneys for Defendants Kraft Foods Global, Inc., Cadbury Adams USA LLC, and Back to Nature Foods Company. 26 27 28 1 STIPULATION AND ] ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE CASE NO. CV 12-02554 – RMW (PSG) 1 [] ORDER 2 3 Pursuant to the stipulation of the parties, and good cause appearing, the Court hereby orders that: 4 1. Plaintiff’s response to Defendants’ motion to dismiss shall be filed on or before December 5 21, 2012. 6 2. Defendants’ reply brief shall be filed on or before January 18, 2013. 7 3. Defendants’ motion to dismiss shall be heard by the Court at 9:00 a.m. on February 8, 2013. 8 IT IS SO ORDERED. 9 10 11 DATED: December , 2012 ___________________________ The Honorable Ronald M. Whyte U.S. District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE CASE NO. CV 12-02554 – RMW (PSG)

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