Thomas-v-Costco Wholesale Corporation

Filing 38

STIPULATION AND ORDER REGARDING ADR COMPLETION DEADLINE AND MOTION TO DISMISS SCHEDULING re 35 STIPULATION WITH PROPOSED ORDER. Set/Reset Deadlines as to 13 MOTION to Dismiss CLASS ACTION AND REPRESENTATIVE ACTION COMPLAINT FOR DAMAGES , EQUITABLE AND INJUNCTIVE RELIEF: Early Neutral Evaluation by 3/29/2013. Amended Complaint due 11/15/2012. Opposition due by 12/14/2012. Reply due by 1/7/2013. Motion Hearing set for 1/18/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose befo re Hon. Edward J. Davila. Motions terminated: 35 STIPULATION WITH PROPOSED ORDER REGARDING ADR COMPLETION DEADLINE AND MOTION TO DISMISS SCHEDULING filed by Costco Wholesale Corporation. ***11/30/2012 Deadlines terminated. Signed by Judge Edward J. Davila on 10/10/2012. (ecg, COURT STAFF) (Filed on 10/10/2012)

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Amanda L. Groves (SBN: 187216)
[e-mail]
Sean D. Meenan (SBN: 260466)
[e-mail]
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
COSTCO WHOLESALE CORPORATION

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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SAN JOSE DIVISION

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KAREN THOMAS, individually and on behalf
of all others similarly situated,

STIPULATION AND [PROPOSED] ORDER
XXXXXXXX
REGARDING ADR COMPLETION
DEADLINE AND MOTION TO DISMISS
SCHEDULING

Plaintiff,
v.
COSTCO WHOLESALE CORPORATION,
Defendant.

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Case No. 5:12-CV-02908-EJD-PSG

WHEREAS, the Complaint was filed in this putative class action on June 5, 2012, alleging

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that labeling on Kirkland Signature Kettle Brand Potato Chips constituted, among other things, a

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violation of California’s Sherman Law, false advertising, unfair competition, and a breach of

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warranty;

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WHEREAS, Defendant moved to dismiss the Complaint on September 9, 2012;

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WHEREAS, on September 21, 2012 and in anticipation of a September 28, 2012 case

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management conference, the Parties filed a joint case management statement indicating their

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agreement to mediate once the case is at issue and some level of discovery has been taken;

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WHEREAS, on September 25, 2012, the Court vacated the case management conference and
ordered the Parties to complete early neutral evaluation by December 24, 2012;
WHEREAS, on September 28, 2012, Plaintiff mooted the pending motion to dismiss by
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STIPULATION AND [PROPOSED] ORDER
Case No. 5:12-CV-02908-EJD-PSG

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filing a 53-page Amended Complaint, adding a new named plaintiff and allegations relating to eight

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additional Costco products not included in the original Complaint;

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WHEREAS, the Parties have agreed that Defendant shall have until November 15, 2012 to

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respond to the Amended Complaint and have agreed to the following briefing schedule for a motion

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to dismiss: Plaintiff’s opposition shall be due December 14, 2012, Defendant’s reply shall be due

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January 7, 2013, and a hearing on the motion shall be held on January 18, 2012 at 9:00 a.m., which

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has been reserved with the Court clerk;

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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WHEREAS, the Parties have agreed, and discussed with the ADR administrator on their
October 3, 2012 ADR conference call, that alternative dispute resolution will be most fruitful if and
when the case is at issue;
NOW THEREFORE, the Parties stipulate and request that the Court (1) extend the deadline

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for the Parties to complete early neutral evaluation to March 29, 2013, and (2) enter the briefing

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schedule set forth above.

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Dated: October 5, 2012

WINSTON & STRAWN LLP

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By: /s/ Amanda L. Groves
Amanda L. Groves
WINSTON & STRAWN LLP
101 California Street, 39th Floor
San Francisco, CA 94111-5802
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant Costco Wholesale
Corporation

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:12-CV-02908-EJD-PSG

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Dated: October 5, 2012

Respectfully submitted,
PRATT & ASSOCIATES
By: /s/ Ben F. Pierce Gore
Ben F. Pierce Gore
PRATT & ASSOCIATES
1901 S. Bascom Avenue, Suite 350
Campbell, CA 95008
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Karen Thomas

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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I, Amanda L. Groves, hereby attest, pursuant to Civil Local Rule 5-1 that I have obtained
concurrence in the filing of this document from each of the other signatories.

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/s/ Amanda L. Groves
Amanda L. Groves

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:12-CV-02908-EJD-PSG

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XXXXXXXX
[PROPOSED] ORDER

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Pursuant to stipulation, IT IS HEREBY ORDERED that:

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The Parties shall complete early neutral evaluation by March 29, 2013.

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Defendant’s response to the Amended Complaint shall be filed and served on November 15,

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2012.
The following briefing schedule shall apply for a motion to dismiss the amended complaint:

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Plaintiff’s opposition is due December 14, 2012, Defendant’s reply is due January 7, 2013, and a

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hearing on the motion shall be held on January 18, 2013 at 9:00 a.m.

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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IT IS SO ORDERED.

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10/10/2012
Dated ____________________

____________________________
JUDGE EDWARD J. DAVILA

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:12-CV-02908-EJD-PSG