Lanovaz v. Twinings North America, Inc

Filing 99

STIPULATION AND ORDER 98 Continuing Mediation Deadline. Signed by Judge Ronald M. Whyte on 1/13/14. (jgS, COURT STAFF) (Filed on 1/13/2014)

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WILLIAM L. STERN (CA SBN 96105)
[e-mail]
CLAUDIA M. VETESI (CA SBN 233485)
[e-mail]
KATHLEEN B. RONEY (CA SBN 268446)
[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 MEDIATION
DEADLINE

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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 MEDIATION
CASE NO. CV12-02646-RMW
sf-3370046

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Pursuant to Civil Local Rule 6-1, Plaintiff Nancy Lanovaz (“Plaintiff”), on behalf of

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herself and all others similarly situated, and Defendant Twinings North America, Inc.

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(“Twinings”) through their undersigned counsel, hereby stipulate as follows:

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WHEREAS, this action was filed in this Court on May 23, 2012, and Twinings answered
the Third Amended Complaint on July 8, 2013;

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WHEREAS, Twinings moved for summary judgment as to the named plaintiff on

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September 6, 2013, and, on January 6, 2014, the Court issued an order grating in part and denying

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in part Twinings’ motion;

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WHEREAS, Plaintiff filed her Motion for Class Certification on November 14, 2013,

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Twinings’ Opposition to Class Certification is due on February 14, 2014, Plaintiff’s Reply in

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Support of Class Certification is due on March 14, 2014, and the hearing on the Motion for Class

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Certification will occur on April 11, 2014;

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WHEREAS, the meditation is currently scheduled for February 7, 2014;

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WHEREAS, counsel for Defendant and counsel for Plaintiff participated in a mediation

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on December 18, 2013, for one of Plaintiff’s counsel’s similar food labeling cases, Brazil v. Dole

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Food Company, Inc., No. 12-cv-01831-LHK (N.D. Cal.). The mediator in Brazil, Sue Stott, has

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also been assigned to this case. The mediation was not productive, due in large part to the many

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unresolved legal issues in the case. The parties, as well as Ms. Stott, agreed that postponement of

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future mediations in these cases would be beneficial. Indeed, Ms. Stott sent an email to Howard

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Herman, the Court’s ADR Chief, explaining her concerns with mediating the cases at this stage.

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The ADR department leaders expressed a desire to help the parties by moving deadlines where

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postponement would be useful;

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WHEREAS, without rulings on the key issues in this case, the parties believe that they

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cannot effectively engage in mediation. While the Court has ruled on Twinings’ motion for

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summary judgment as to the named plaintiff, the many unresolved legal issues relating to class

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certification and summary judgment as to class issues are a barrier to having a successful

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mediation. The parties believe that mediation at this time would be as futile as the Brazil

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mediation. They jointly request that the meditation deadline be extended so that the parties can
STIPULATION CONTINUING MEDIATION
CASE NO. CV12-02646-RMW
sf-3370046

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benefit from the resolution of Plaintiffs’ Motion for Class Certification and the parties’ future

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motions for summary judgment;

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

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subject to the approval of the Court, that the mediation deadline is postponed until after the Court

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rules on class certification and 90 days after the Court rules on dispositive motions.

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Dated: January 8, 2014

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WILLIAM L. STERN
CLAUDIA M. VETESI
KATIE B. RONEY
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: January 8, 2014

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Ben F. Pierce Gore
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126

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

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STIPULATION CONTINUING MEDIATION
CASE NO. CV12-02646-RMW
sf-3370046

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ECF ATTESTATION
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 MEDIATION DEADLINE. In compliance with

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

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WILLIAM L. STERN
CLAUDIA M. VETESI
KATIE B. RONEY
MORRISON & FOERSTER LLP

Dated: January 8, 2014

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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 MEDIATION
CASE NO. CV12-02646-RMW
sf-3370046

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