Lanovaz v. Twinings North America, Inc

Filing 53

STIPULATION AND ORDER 50 Continuing Case Management Conference: Case Management Conference set for 5/10/2013 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 4/17/13. (jg, COURT STAFF) (Filed on 4/17/2013)

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WILLIAM L. STERN (CA SBN 96105)
[e-mail]
CLAUDIA M. VETESI (CA SBN 233485)
[e-mail]
LISA A. WONGCHENKO (CA SBN 281782)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
TWININGS NORTH AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NANCY LANOVAZ, on behalf of herself and all
others similarly situated,

Case No. CV12-02646-RMW
CLASS ACTION

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Plaintiff,
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v.
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TWININGS NORTH AMERICA, INC.,

STIPULATION AND
[] ORDER
CONTINUING CASE
MANAGEMENT CONFERENCE

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Defendant.

[CIVIL L.R. 6-1]

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Judge: Hon. Ronald M. Whyte
Action Filed: May 23, 2012

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STIPULATION CONTINUING CMC
CASE NO. CV12-02646-RMW
sf-3270348

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Pursuant to Civil Local Rule 6-1, plaintiff Nancy Lanovaz, on behalf of herself and all

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others similarly situated, and defendant Twinings North America, Inc. (“Twinings”) through their

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undersigned counsel, hereby stipulate as follows:

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WHEREAS, this action was filed in this Court on May 23, 2012, Twinings filed a Motion

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to Dismiss the Complaint on August 31, 2012, Plaintiff filed an Amended Complaint on

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September 20, 2013, and Twinings filed a Motion to Dismiss the Amended Complaint on

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October 15, 2012;

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WHERAS, the Court issued an Order Granting in Part and Denying in Part Defendant’s
Motion to Dismiss on February 25, 2013, and Plaintiff filed a Second Amended Complaint on
March 19, 2013;
WHEREAS, Twinings intends to file a Motion to Dismiss the Second Amended
Complaint on April 5, 2013 and will notice the hearing for May 10, 2013;
WHEREAS, the Court has scheduled the Case Management Conference for April 19,
2013 at 10:30 a.m.;
WHEREAS, the parties believe that this matter is not ready for an initial Case

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Management Conference given that the briefing on the Motion to Dismiss the Second Amended

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Complaint will not be completed by April 19, 2013;

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WHEREAS, for the convenience of the parties and this Court, the parties respectfully

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request that the Case Management Conference should be continued to May 10, 2013, the date of

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the hearing on Defendant’s motion, or to a later date after the Court has ruled on Defendant’s

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motion because, until the pleadings are settled, it is premature to set dates for further proceedings;

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IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that

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pursuant to Local Rule 6-1(b), the Case Management Conference shall be continued to May 10,

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2013, or a later date to be determined by the Court.

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STIPULATION CONTINUING CMC
CASE NO. CV12-02646-RMW
sf-3270348

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Dated: April 4, 2013

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

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By:
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Attorneys for Defendant TWININGS
NORTH AMERICA, INC.

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/s/ William L. Stern
WILLIAM L. STERN

Dated: April 4, 2013

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Ben F. Pierce Gore
PRATT & ASSOCIATES
1901 S. Bascom Avenue, Suite 350
Campbell, CA 95008
By:

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/s/ Ben F. Pierce Gore
BEN F. PIERCE GORE
Attorney for Plaintiff

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STIPULATION CONTINUING CMC
CASE NO. CV12-02646-RMW
sf-3270348

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ECF ATTESTATION

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I, William L. Stern, am the ECF User whose ID and password are being used to file the

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following: STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE. In

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compliance with Civil Local Rule 5-1(i), I hereby attest that Ben F. Pierce Gore has concurred in

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this filing.

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WILLIAM L. STERN
CLAUDIA M. VETESI
LISA A. WONGCHENKO
MORRISON & FOERSTER LLP

Dated: April 4, 2013

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By: /s/ William L. Stern
WILLIAM L. STERN

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[] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: ______________________

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______________________________________
RONALD M. WHYTE
United States District Judge

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STIPULATION CONTINUING CMC
CASE NO. CV12-02646-RMW
sf-3270348

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