Brazil v. Dole Food Company, Inc. et al - Document 67

Court Description:

ORDER by Judge Lucy H. Koh granting 64 Stipulation Re Briefing for Second Motion to Dismiss; granting 65 Stipulation Continuing Mediation Deadline; Continuing Case Management Conference; Vacating Case Schedule (lhklc3, COURT STAFF) (Filed on 5/13/2013)

1 2 3 4 5 6 7 8 United States District Court For the Northern District of California 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 CHAD BRAZIL, an individual, on his own behalf and on behalf of all others similarly situated, Plaintiff, 15 16 17 18 19 v. DOLE FOOD COMPANY, INC., DOLE PACKAGED FOODS, LLC, Defendants. 20 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 12-CV-01831-LHK ORDER GRANTING PARTIES’ STIPULATIONS RE: BRIEFING FOR SECOND MOTION TO DISMISS AND CONTINUING THE MEDIATION DEADLINE; CONTINUING CASE MANAGEMENT CONFERENCE; VACATING CASE SCHEDULE 21 The Court hereby GRANTS the parties’ Stipulation Continuing Dates for Briefing 22 Regarding the Motion to Dismiss the Second Amended Complaint and Motion to Strike. See ECF 23 No. 64. Plaintiff’s response to the Motion to Dismiss the Second Amended Complaint and Motion 24 to Strike shall be due by May 20, 2013, and Defendants’ reply shall be due by June 3, 2013. 25 The Court hereby GRANTS the parties’ Stipulation Continuing the Mediation Deadline to 26 90 days from the date the Court rules on Defendants’ Motion to Dismiss the Second Amended 27 Complaint. See ECF No. 65. 28 1 Case No.: 12-CV-01831-LHK ORDER GRANTING PARTIES’ STIPULATIONS RE: BRIEFING FOR SECOND MOTION TO DISMISS AND CONTINUING THE MEDIATION DEADLINE; CONTINUING CASE MANAGEMENT CONFERENCE; VACATING CASE SCHEDULE 1 The Court hereby CONTINUES the Case Management Conference set for May 15, 2013, to September 26, 2013, following the hearing on Defendants’ Motion to Dismiss the Second 3 Amended Complaint and Motion to Strike. The Court VACATES the case schedule related to 4 Class Certification and therefore the subsequent case schedule. Because Plaintiff’s Motion for 5 Class Certification is currently due before the hearing on Defendants’ Motion to Dismiss the 6 Second Amended Complaint and Motion to Strike, and the parties may not have the benefit of the 7 Court’s ruling on Defendants’ Second Motion to Dismiss prior to the currently scheduled Class 8 Certification hearing, the Court finds that it would be prejudicial to both parties to proceed with the 9 United States District Court For the Northern District of California 2 current Class Certification schedule. By September 19, 2013, the parties shall propose a revised 10 case schedule as part of their Joint Case Management Statement. 11 IT IS SO ORDERED. 12 13 Dated: May 13, 2013 ________________________________ LUCY H. KOH United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-01831-LHK ORDER GRANTING PARTIES’ STIPULATIONS RE: BRIEFING FOR SECOND MOTION TO DISMISS AND CONTINUING THE MEDIATION DEADLINE; CONTINUING CASE MANAGEMENT CONFERENCE; VACATING CASE SCHEDULE