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Elaine Pelobello, Individually and On v. the Quaker Oats Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 13, 2011

ELAINE PELOBELLO, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
THE QUAKER OATS COMPANY,
DEFENDANT.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

*E-Filed 5/16/11*

JOINT STIPULATION REGARDING DEADLINE TO RESPOND TO THE COMPLAINT AND [PROPOSED] ORDER

Defendant The Quaker Oats Company ("Quaker"), by and through their respective counsel. This WHEREAS, the Complaint in this case was filed on January 7, 2011 (Dkt. # 1);

WHEREAS, the Court related this case on February 8, 2011 to the matter of Chacanaca, et This Stipulation is entered into by and between Plaintiff Elaine Pelobello, an individual, and Stipulation is made with respect to the following facts and circumstances:

al. v. The Quaker Oats Company, Case No. 5:10-cv-00502 RS ("Chacanaca Matter") (Dkt. #11), 7 which is also related to the matters of Yrene, et al. v. The Quaker Oats Company, Case No. 5:10-cv-8 05398-RS ("Yrene Matter"), and Bruno and Yumul v. The Quaker Oats Company, Case No. 5:10-9 cv-05538 ("Bruno Matter");

Management Conference Off Calendar and to Stay the Proceeding Pending the Ruling of the WHEREAS, on February 18, 2011, the Court entered a Joint Stipulation to Take the Case Judicial Panel on Multidistrict Litigation, providing that a "stay will remain in effect until the later 13 of (1) thirty days after the decision by the Judicial Panel on Multidistrict Litigation, or (2) until five 14 days after the first status conference with the MDL transferee judge." (Dkt. # 14);

Denying Transfer and Centralization of Actions (Dkt. #17);

Motion to Consolidate the Chacanaca, Yrene, Bruno, and present Pelobello Matters (Chacanaca NOW, THEREFORE, in consideration of the above, Plaintiff Elaine Pelobello and Defendant Quaker, hereby stipulate as follows:

the Motion to Consolidate.

such schedule as the Court may set for filing and responding to a consolidated complaint.

such schedule as may be set forth by the Court in this case.

WHEREAS, on April 8, 2011, the Joint Panel on Multidistrict Litigation issued an Order WHEREAS, currently pending before the Court in the related Chacanaca Matter is a Dkt. # 75), and a hearing on that Motion is scheduled for June 2, 2011 (Chacanaca Dkt. #77);

1. The deadline to respond to the Complaint in this case is stayed pending a ruling on

2. If the Motion to Consolidate is granted, Quaker shall respond to the Complaint on

3. If the Motion to Consolidate is denied, Quaker shall respond to the Complaint on

IT IS SO STIPULATED.

Dated: May 3, 2011 ARNOLD & PORTER LLP By: Angel A. Garganta Attorneys for Defendant The Quaker Oats Company Dated: May 3, 2011 THE TERRELL LAW GROUP By: Reginald Terrell Reginald Terrell  Attorneys for Plaintiff Elaine Pelobello

[PROPOSED] ORDER

Based on the Parties' Joint Stipulation Regarding Deadline to Respond to Complaint, and good cause appearing therefore, it is hereby ORDERED that:

1. The deadline to respond to the Complaint in this case is stayed pending a ruling on the Motion to Consolidate.

2. If the Motion to Consolidate is granted, Quaker shall respond to the Complaint on such schedule as the Court may set for filing and responding to a consolidated complaint.

3. If the Motion to Consolidate is denied, Quaker shall respond to the Complaint on such schedule as may be set forth by the Court in this case. 10

IT IS SO ORDERED.

By:

Submitted by:

ARNOLD & PORTER LLP THE TERRELL LAW GROUP By: Angel A. Garganta Reginald Terrell Attorneys for Defendant Attorneys for Plaintiff Elaine Pelobello The Quaker Oats Company

20110513

© 1992-2011 VersusLaw Inc.



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