Jones v. ConAgra Foods, Inc.
Filing
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ORDER granting 56 STIPULATION WITH PROPOSED ORDER SETTING NEW HEARING DATE FOR MOTION TO DISMISS, PRELIMINARY INJUNCTION MOTION, AND CASE MANAGEMENT CONFERENCE; MODIFYING BRIEFING SCHEDULE FOR PRELIMINARY INJUNCTION MOTION filed by ConA gra Foods, Inc. Reset Deadlines as to 35 MOTION for Preliminary Injunction PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION; 32 MOTION to Dismiss Notice of Motion and Motion to Dismiss Amended Complaint. Mo tions terminated: 55 STIPULATION WITH PROPOSED ORDER MODIFYING BRIEFING SCHEDULE REGARDING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION filed by ConAgra Foods, Inc., Responses due by 9/28/2012. Replies due by 10/19/2012. Prel iminary Injunction Hearing reset for 11/9/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Initial Case Management Conference reset for 11/9/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 8/28/2012. (beS, COURT STAFF) (Filed on 8/29/2012)
<![CDATA[
Case3:12-cv-01633-CRB Document56 Filed08/23/12 Page1 of 4
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Robert B. Hawk (Bar No. 118054)
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone: + 1 (650) 463-4000
Facsimile: + 1 (650) 463-4199
robert.hawk@hoganlovells.com
Douglas M. Schwab (Bar No. 43083))
HOGAN LOVELLS US LLP
4 Embarcadero Ctr., 22nd Floor
San Francisco, California 94111
Telephone: + 1 (415) 374-2301
Facsimile: + 1 (415) 374-2499
douglas.schwab@hoganlovells.com
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Robin Wechkin (admitted pro hac vice)
HOGAN LOVELLS US LLP
8426 316th Pl. SE
Issaquah, Washington 98027
Telephone: +1 (425) 222-0595
robin.wechkin@hoganlovells.com
Attorneys for Defendant
CONAGRA FOODS, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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LEVI JONES, CHRISTINE STURGES, and
EDD OZARD, individually and on behalf of all
others similarly situated,
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Plaintiffs,
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v.
CONAGRA FOODS, INC.,
Defendant.
Case No. 12-cv-1633-CRB
STIPULATION AND [PROPOSED]
ORDER SETTING NEW HEARING
DATE FOR MOTION TO DISMISS,
PRELIMINARY INJUNCTION
MOTION, AND CASE
MANAGEMENT CONFERENCE;
MODIFYING BRIEFING SCHEDULE
FOR PRELIMINARY INJUNCTION
MOTION
The Hon. Charles R. Breyer
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE
CASE NO. 12-cv-1633-CRB
Case3:12-cv-01633-CRB Document56 Filed08/23/12 Page2 of 4
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Plaintiffs and Defendant ConAgra Foods, Inc. (“Defendant” or “ConAgra”), by and
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through their respective counsel of record, enter into the following stipulation, based upon the
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recitals below:
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WHEREAS Plaintiff Jones filed a Complaint on April 2, 2012, which was served on
ConAgra on April 6, 2012;
WHEREAS, Plaintiff Jones and two additional named plaintiffs (Christine Sturges and Ed
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Ozard) filed an Amended Class Action and Representative Action Complaint for Damages,
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Equitable and Injunctive Relief (“Amended Complaint”) on July 2, 2012;
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WHEREAS, in accordance with a schedule set by stipulation and Court order, ConAgra
filed a Motion to Dismiss the Amended Complaint on August 17, 2012;
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WHEREAS, pursuant to stipulation, on July 9, 2012, the Court approved a briefing
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schedule in connection with the Motion to Dismiss and rescheduled the initial Case Management
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Conference to coincide with the date for the anticipated Motion to Dismiss hearing date of
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October 26, 2012;
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WHEREAS, Plaintiffs filed a Motion for Preliminary Injunction on August 18, 2012, with
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a scheduled hearing date of October 26, 2012, coinciding with the scheduled hearing on
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ConAgra’s Motion to Dismiss and the initial Case Management Conference;
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WHEREAS, in order to permit themselves additional time to brief the issues raised by
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Plaintiffs’ Motion for Preliminary Injunction and to provide the Court with additional time to
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consider the parties’ briefing after submission, and in part to accommodate counsel’s vacation
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schedules, the parties have agreed, subject to Court approval, to a November 9, 2012 hearing date
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for Defendant’s Motion to Dismiss and for Plaintiffs’ Motion for Preliminary Injunction, and to a
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briefing schedule for the Preliminary Injunction Motion, as set forth below;
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1. The hearing on Defendant’s Motion to Dismiss and Plaintiffs’ Motion for Preliminary
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Injunction and the initial case management conference shall be on November 9, 2012
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at 10 AM.
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2. Defendant shall file its opposition papers in response to Plaintiffs’ Motion for
Preliminary Injunction no later than September 28, 2012; and
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE
CASE NO. 12-cv-1633-CRB
Case3:12-cv-01633-CRB Document56 Filed08/23/12 Page3 of 4
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3. Plaintiffs shall file any Reply papers in support of its Motion for Preliminary
Injunction no later than October 19, 2012.
IT IS SO STIPULATED.
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Dated: August 23, 2012
HOGAN LOVELLS US LLP
By:
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/s/ Robert B. Hawk
Robert B. Hawk
Attorneys for Defendant
CONAGRA FOODS, INC.
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Dated: August 23, 2012
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PRATT & ASSOCIATES
By:
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/s/ Ben F. Pierce Gore
Ben F. Pierce Gore
Attorneys for Plaintiff
LEVI JONES
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE
CASE NO. 12-cv-1633-CRB
CASE NO. 12-CV-1633-CRB
Case3:12-cv-01633-CRB Document56 Filed08/23/12 Page4 of 4
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ORDER
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PURSUANT TO STIPULATION, and good cause appearing, the Court orders as follows:
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1. The hearing on Defendant’s Motion to Dismiss and on Plaintiffs’ Motion for
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Preliminary Injunction and the initial case management conference shall be on
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November 9, 2012 at 10 AM.
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2. Defendant shall file its opposition papers in response to Plaintiffs’ Motion for
Preliminary Injunction no later than September 28, 2012.
3. Plaintiffs shall file any Reply papers in support of its Motion for Preliminary
Injunction no later than October 19, 2012.
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IT IS SO ORDERED.
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UNIT
ED
S
Dated: _________ , 2012
August 28
RT
U
O
RT
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har
Judge C
ER
H
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reyer
les R. B
NO
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IT IS S
FO
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R NIA
Honorable Charles R. Breyer
ED
UNITED STATES DISTRICT JUDGE
ORDER
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S DISTRICT
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TA
A
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D IS T IC T O
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I, Robert B. Hawk, attest that Ben F. Pierce Gore has read and approved the Stipulation
And [Proposed] Order Modifying Briefing Schedule and consents to its filing in this action.
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STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE
CASE NO. 12-cv-1633-CRB
CASE NO. 12-CV-1633-CRB
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