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Kelly Bruno and Rebecca Yumul On Behalf of Themselves and All Others Similarly Situated v. the Quaker Oats Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 23, 2010

KELLY BRUNO AND REBECCA YUMUL ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
THE QUAKER OATS COMPANY,
DEFENDANT.

The opinion of the court was delivered by: Judge Donna M. Ryu United States Magistrate Judge

STIPULATION AND ORDER TO STAY 22 PENDING RULING ON MOTION TO CONSOLIDATE

Company ("Defendant"), through their respective counsel of record, hereby stipulate and agree as 3 follows: 4

No. 5:10-cv-00502 RS, plaintiff Victor Guttmann, plaintiff Sonya Yrene, and Plaintiffs in the 6 present action filed a Motion to Consolidate and Appoint Interim Class Counsel, seeking 7 consolidation of the following three actions: (1) Robert Chacanaca and Victor Guttmann v. The 8 ("Chacanaca/Guttmann Action"); (2) Sonya Yrene v. The Quaker Oats Company, No. 5:10-cv-10 05398 PSG (N.D. Cal., filed November 29, 2010); and (3) Kelly Bruno and Rebecca Yumul v. The 11

WHEREAS, a hearing on the Motion to Consolidate is scheduled for January 13, 2011, 13 before the Honorable Richard Seeborg, presiding over the Chacanaca/Guttmann Action; 14

15 efficient way to proceed; 16

Defendant, through their respective counsel and subject to the Court's approval that: 18

19 discovery, and all dates set forth in the Order Setting Initial Case Management Conference and 20 Motion to Consolidate; 22

23 the Motion to Consolidate to file a response to the Complaint, and the parties shall inform the Court 24 that a new Order Setting Initial Case Management Conference and ADR Deadlines should be issued 25 based on the Court's availability; 26

27 discovery shall continue to be stayed pending a ruling by the Chacanaca/Guttmann Court on 28 Plaintiffs Kelly Bruno and Rebecca Yumul ("Plaintiffs"), and Defendant The Quaker Oats

WHEREAS, on December 9, 2010, in Chacanaca and Guttmann v. The Quaker Oats Co.,

Quaker Oats Company, No. 5:10-cv-00502 RS (N.D. Cal., filed February 3, 2010) 9 Quaker Oats Company, No. 4:10-cv-05538 DMR (N.D. Cal., filed Dec. 7, 2010); 12

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

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

1. All pending dates in this matter, including but not limited to the time to answer, all ADR Deadlines (Dkt. #2), are stayed pending a ruling by the Chacanaca/Guttmann Court on the 21

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 Quaker's motion to dismiss the Consolidated Amended Complaint filed in Chacanaca/Guttmann, with the exception that, subject to the entry of an appropriate protective order, Quaker will produce 2 some additional documents that it has already collected in the Chacanaca/Guttmann case. 3

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

Dated: December 21, 2010 ARNOLD & PORTER LLP By: /s/ Angel A. Garganta Angel A. Garganta Attorney for Defendant The Quaker Oats Company

Dated: December 21, 2010 THE WESTON FIRM By: /s/ Gregory S. Weston Gregory S. Weston Jack Fitzgerald Attorneys for Plaintiffs Kelly Bruno and Rebecca Yumul Dated: December 21, 2010 LAW OFFICES OF RONALD A. MARRON, APLC By: /s/ Ronald A. Marron Ronald A. Marron Attorney for Plaintiffs Kelly Bruno and Rebecca Yumul

T T RICT S T C PURSUANT TO THE STIPULATION, IT IS SO ORDERED. S DIS A E

U E D R O T N IT IS SO ORDERED I T U A I N N O O

Honorable Donna M. Ryu

R R F T I 27 H L E A R C N F DIS O TRICT

NOTICE OF ATTESTATION

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

STIPULATION AND [PROPOSED] ORDER TO STAY PENDING RULING ON MOTION TO 4

CONSOLIDATE. In compliance with General Order 45, X.B., I hereby attest that Plaintiffs' 5 counsel has concurred in this filing. 6 7

DATED: December 21, 2010 ARNOLD & PORTER LLP 8

By: ____/s/ Angel A. Garganta Angel A. Garganta

20101223

© 1992-2010 VersusLaw Inc.



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