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Sonya Yrene, On Behalf of Herself and All v. the Quaker Oats Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 22, 2010

SONYA YRENE, ON BEHALF OF HERSELF AND ALL
OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
THE QUAKER OATS COMPANY,
DEFENDANT.

The opinion of the court was delivered by: Honorable Paul Singh Grewal United States Magistrate Judge

ARNOLD & PORTER LLP ANGEL A. GARGANTA (SBN 163957) EMILIA P. E. MORRIS (SBN 253681) 2

MANAV KUMAR (SBN 266277) 777 South Figueroa Street, 44th Floor One Embarcadero Center, 22nd Floor 3

San Francisco, CA 94111-3711 Los Angeles CA 90017-5844 Telephone: 415.356.3000 Telephone: 213.243.4000 4

Facsimile: 415.356.3099 Facsimile: 213.243.4199 E-Mail: angel.garganta@aporter.com E-Mail: emilia.morris@aporter.com

manav.kumar@aporter.com

Attorneys for Defendant

THE QUAKER OATS COMPANY

THE WESTON FIRM LAW OFFICES OF RONALD A. MARRON GREGORY S. WESTON (SBN 239944) RONALD A MARRON (SBN 175650)

888 Turquoise Street 3636 4th Avenue, Suite 202 San Diego, CA 92109 San Diego, CA 92103 10

Telephone: (858) 488-1672 Telephone: 619-696-9006 Facsimile: (480) 247-4553 Fax: 619-564-6665 11

Email: greg@westonfirm.com Email: ron.marron@gmail.com 12

JACK FITZGERALD (SBN 257370) 2811 Sykes Court 13

Santa Clara, CA 95051 Telephone: 408-459-0305 14

Email: jack@westonfirm.com 15

Attorneys for Plaintiff SONYA YRENE

STIPULATION AND ORDER TO STAY PENDING RULING ON MOTION TO CONSOLIDATE

("Defendant"), through their respective counsel of record, hereby stipulate and agree as follows:

No. 5:10-cv-00502 RS, plaintiff Victor Guttmann, plaintiff Kelly Bruno, plaintiff Rebecca Yumul, 5 and Plaintiff in the present action filed a Motion to Consolidate and Appoint Interim Class Counsel, 6 seeking consolidation of the following three actions: (1) Robert Chacanaca and Victor Guttmann v. ("Chacanaca/Guttmann Action"); (2) Sonya Yrene v. The Quaker Oats Company, No. 5:10-cv-9 Plaintiff Sonya Yrene ("Plaintiff"), and Defendant The Quaker Oats Company

WHEREAS, on December 9, 2010, in Chacanaca and Guttmann v. The Quaker Oats Co., The Quaker Oats Company, No. 5:10-cv-00502 RS (N.D. Cal., filed February 3, 2010)

05398 PSG (N.D. Cal., filed November 29, 2010); and (3) Kelley Bruno and Rebecca Yumul v. The WHEREAS, a hearing on the Motion to Consolidate is scheduled for January 13, 2011, before the Honorable Richard Seeborg, presiding over the Chacanaca/Guttmann Action; efficient way to proceed;

Defendant, through their respective counsel and subject to the Court's approval that: discovery, and all dates set forth in the Order Setting Initial Case Management Conference and Motion to Consolidate;

the Motion to Consolidate to file a response to the Complaint, and the parties shall inform the Court 23 that a new Order Setting Initial Case Management Conference and ADR Deadlines should be issued based on the Court's availability;

discovery shall continue to be stayed pending a ruling by the Chacanaca/Guttmann Court on

Quaker's motion to dismiss the Consolidated Amended Complaint, with the exception that, subject

STIPULATION AND ORDER TO STAY PENDING RULING ON MOTION TO CONSOLIDATE,

Quaker Oats Company, No. 4:10-cv-05538 DMR (N.D. Cal., filed Dec. 7, 2010); 11

WHEREAS, counsel for the Plaintiff and Defendant have conferred regarding the most

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Plaintiff and

1. All pending dates in this matter, including but not limited to the time to answer, all

ADR Deadlines (Dkt. #3), are stayed pending a ruling by the Chacanaca/Guttmann Court on the 20

2. If the Motion to Consolidate is denied, Quaker shall have 60 days from the denial of

3. If the Motion to Consolidate is granted, Plaintiffs and Defendant agree that all

to the entry of an appropriate protective order, Quaker will produce some additional documents that 2 it has already collected in the Chacanaca/Guttmann case. 3

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

STIPULATION AND [PROPOSED] ORDER TO STAY PENDING RULING ON MOTION TO

NOTICE OF ATTESTATION

I, Angel A. Garganta, am the ECF User whose ID and password are being used to file this

CONSOLIDATE. In compliance with General Order 45, X.B., I hereby attest that Plaintiff's 5 counsel has concurred in this filing.

DATED: December 21, 2010

ARNOLD & PORTER LLP

Angel A. Garganta

By: ____ /s/

Angel A. Garganta

30713740v1

20101222

© 1992-2010 VersusLaw Inc.



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