Barbara Anderson v. The Hain Celestial Group Inc. et al

Filing 52

ORDER Granting 51 Stipulation to Continue Case Management Conference and Extend Defendant's Time to Answer the First Amended Complaint filed by The Hain Celestial Group, Inc. The Case Management Conference is continued pending the Cour ts ruling on Hain's motion to stay the action. The Motion to Stay shall be noticed for September 24, 2015 at 9:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/18/2015. (ecg, COURT STAFF) (Filed on 6/18/2015)

1
2
3
4
5
6
7

WILLIAM L. STERN (CA SBN 96105)
[e-mail]
JAMES M. SCHURZ (CA SBN 145874)
[e-mail]
KEVIN M. COLES (CA SBN 271518)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
THE HAIN CELESTIAL GROUP, INC.

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN JOSE DIVISION

12
13

BARBARA ANDERSON, on behalf of
herself and all others similarly situated,

Case No. C 14-03895 EJD
CLASS ACTION

14
Plaintiff,
15
v.
16
17
18

THE HAIN CELESTIAL GROUP, INC., and
DOES 1 through 10, inclusive,

JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND EXTEND DEFENDANT’S TIME TO
ANSWER THE FIRST AMENDED
COMPLAINT

Defendants.

19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION TO CONTINUE CMC AND EXTEND TIME TO ANSWER FAC
CASE NO. C 14-03895 EJD
sf-3547397

1

Plaintiff Barbara Anderson (“Plaintiff”), on behalf of herself and all others similarly

2

situated, and Defendant The Hain Celestial Group, Inc. (“Hain” or “Defendant”), through their

3

undersigned counsel, hereby stipulate as follows:

4
5

WHEREAS, on November 11, 2014, Ms. Anderson filed her First Amended Complaint
(“FAC”) in this action;

6

WHEREAS, on January 12, 2015, Hain moved to the dismiss the FAC;

7

WHEREAS, on April 8, 2015, the Court granted in part and denied in part Hain’s motion,

8

and ordered Hain to answer the FAC within 15 days of its Order on April 23, 2015 (Dkt. No. 46);

9

WHEREAS, on April 8, 2015, the Court ordered the parties to submit a Joint Case

10

Management Statement on May 14, 2015, and scheduled a Case Management Conference for

11

May 21, 2015;

12
13
14
15
16

WHEREAS, on April 17, 2015, the Court granted the parties’ joint stipulation to extend
Hain’s time to answer the FAC to May 28, 2015 (Dkt. No. 48);
WHEREAS, the parties were contemplating submitting a joint stipulation to stay the
action pending the Ninth Circuit’s decisions in Jones v. ConAgra and Brazil v. Dole;
WHEREAS, on May 12, 2015, the Court granted the parties’ joint stipulation to continue

17

the case management conference to June 25, 2015 and extend Hain’s time to answer the FAC

18

until July 2, 2015;

19

WHEREAS, despite their negotiations and a general agreement to stay this action pending

20

the Ninth Circuit’s decisions in Jones v. ConAgra and Brazil v. Dole, the parties were unable to

21

agree to the precise terms and parameters of a stay;

22

WHEREAS, Hain now intends to file a motion to stay the action pending those decisions;

23

WHEREAS, Plaintiff intends to not oppose a stay but, instead, request that the Court

24

establish reasonable terms and parameters of a stay, including as to matters that may be

25

implicated or otherwise affected by a stay;

26
27
28

WHEREAS, the parties agree to continue the Case Management Conference and extend
Hain’s time to answer the FAC until after the Court rules on Hain’s motion to stay the action.
THE PARTIES HEREBY STIPULATE, subject to the approval of the Court, that:
JOINT STIPULATION TO CONTINUE CMC AND EXTEND TIME TO ANSWER FAC
CASE NO. C 14-03895 EJD
sf-3547397

 The Case Management Conference is continued pending the Court’s ruling on

1
2

Hain’s motion to stay the action. Should the motion be denied, the Court shall set

3

a new date for the Case Management Conference and related deadline for

4

submission of a Joint Case Management Statement.
 Hain’s deadline to answer the FAC shall be extended accordingly.

5
6
7

Dated: June 17, 2015

8
9

WILLIAM L. STERN
JAMES M. SCHURZ
KEVIN M. COLES
MORRISON & FOERSTER LLP
By: /s/ James M. Schurz
JAMES M. SCHURZ

10

Attorneys for Defendant
THE HAIN CELESTIAL GROUP, INC.

11
12
13

Dated: June 17, 2015

14
15
16

CHANT YEDALIAN
CHANT & COMPANY
A Professional Law Corporation
1010 N. Central Ave.
Glendale, CA 91202
[phone]
[e-mail]
By: /s/ Chant Yedalian
CHANT YEDALIAN

17
18

Attorney for Plaintiff Anderson

19
20
21
22
23
24
25

[PROPOSED] ORDER
PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.
The Motion to Stay shall be noticed for September 24, 2015 at 9:00 AM
DATED:

6/18/2015
THE HONORABLE EDWARD J. DAVILA
United States District Court Judge

26
27
28
JOINT STIPULATION TO CONTINUE CMC AND EXTEND TIME TO ANSWER FAC
CASE NO. C 14-03895 EJD
sf-3547397

1
2

ECF ATTESTATION
I, Kevin M. Coles, am the ECF User whose ID and password are being used to file the

3

following: JOINT STIPULATION TO CONTINUE CASE MANAGEMENT

4

CONFERENCE AND EXTEND DEFENDANT’S TIME TO ANSWER THE FIRST

5

AMENDED COMPLAINT. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that

6

Chant Yedalian and James M. Schurz have concurred in this filing.

7
8
9
10
11

Dated: June 17, 2015

WILLIAM L. STERN
JAMES M. SCHURZ
KEVIN M. COLES
MORRISON & FOERSTER LLP
By:

/s/ Kevin M. Coles
KEVIN M. COLES

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION TO CONTINUE CMC AND EXTEND TIME TO ANSWER FAC
CASE NO. C 14-03895 EJD
sf-3547397