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Kimberly S. Sethavanish, A California Resident On Behalf of Herself and All Others Similarly Situated v. Balance Bar Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 21, 2011

KIMBERLY S. SETHAVANISH, A CALIFORNIA RESIDENT ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
BALANCE BAR COMPANY, A DELAWARE CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Honorable Phyllis Hamilton United States District Judge

NORMAN C. HILE (STATE BAR NO. 57299) nhile@orrick.com ANALEA J. PATTERSON (STATE BAR NO. 229918) apatterson@orrick.com JOHN W. KILLEEN (STATE BAR NO. 258395) jkilleen@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall Suite 3000 Sacramento, California 95814-4497 Telephone: 916-447-9200 Facsimile: 916-329-4900 Attorneys for Defendant BALANCE BAR COMPANY

STIPULATION AND [PROPOSED] ORDER CONTINUING JANUARY 5, 2012 INITIAL CASE MANAGEMENT CONFERENCE AND ACCOMPANYING DEADLINES [L.R. 6-2, 7-12]

Pursuant to Local Rules 6-2 and 7-12, Plaintiff Kimberly Sethavanish and Defendant Balance Bar, Inc., through their undersigned counsel, enter into the following stipulation for and 3 respectfully request that the Court issue an order (1) continuing the scheduled January 5, 2012 4 initial case management conference to April 19, 2012; (2) continuing the accompanying 5 discovery deadlines set by this Court in its September 13, 2011 Order Setting Initial Case 6

Management Conference And ADR Deadlines, Dkt. No. 4. In support of this stipulation, the 7 parties represent that: 8

WHEREAS, on September 13, 2011, Sethavanish filed her initial complaint, Dkt. No. 1;

WHEREAS, on September 13, 2011, the Court issued its Order Setting Initial Case Management Conference And ADR Deadlines (attached hereto as Exhibit A), which Order 11 scheduled an initial case management conference before the Court on January 5, 2012 in 12 Courtroom 3, 3rd Floor, at 2:00 p.m. and set accompanying deadlines (1) to meet and confer 13 regarding discovery, (2) to file ADR-related documents; and (3) to file a Rule 26(f) report; 14

WHEREAS, on September 30, 2011, the parties stipulated to allow Balance Bar 15 an extension of time to respond to the initial complaint until November 4, 2011, Dkt. No. 6; 16 17 initial complaint, Dkt. No. 11; 18

WHEREAS, on November 4, 2011, Balance Bar filed a motion to dismiss in part the

WHEREAS, on November 18, 2011, Sethavanish filed a first amended complaint, Dkt. No. 12; 20 21 amended complaint, setting the hearing on the motion for January 25, 2012, Dkt. No. 13; 22 23 pursue private mediation, to be completed within 60 days from the hearing; 24 25 conference and the accompanying discovery deadlines until after the Court decides Balance Bar's 26 pending motion to dismiss, after Balance Bar answers the first amended complaint, and after the 27 parties pursue private mediation within 60 days of the hearing on the motion to dismiss will 28 preserve party and Court resources and, should the parties not settle the case through private

WHEREAS, on December 2, 2011, Balance Bar filed a motion to dismiss in part the first

WHEREAS, following the hearing on the motion to dismiss, the parties have agreed to

WHEREAS, the parties submit that continuance of the initial case management mediation, will enable the parties better to assess the strengths and weaknesses of their cases and 2 to make more informed decisions regarding discovery, 3

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS HEREBY STIPULATED by and between the parties that: 5

1. The initial case management conference scheduled for January 5, 2012, is

6 continued to April 19, 2012, in Courtroom 3, 3rd Floor, at 2:00 p.m.; 7

2. The last day to meet and confer regarding initial disclosures and discovery plan is 8 continued to March 29, 2012. The parties will submit their ADR Certification and Stipulation to 9 ADR Process in accordance with the schedule prescribed by the Court's September 13 order. 10

3. The last day to file the Rule 26(f) Report, complete initial disclosures or state 11 objection in Rule 26(f) report and file Case Management Statement is continued to April 12, 12 2012. 13

Dated: December 14, 2011 ORRICK, HERRINGTON & SUTCLIFFE LLP By:/s/ Norman C. Hile Norman C. Hile Attorneys for Defendant BALANCE BAR COMPANY Dated: December 14, 2011 LAW OFFICES OF JANET LINDNER SPIELBERG By:/s/ Janet Lindner Spielberg*fn1 Janet Lindner Spielberg Attorneys for Plaintiff KIMBERLY S. SETHAVANISH

PURSUANT TO STIPULATION, IT IS SO ORDERED.

IT IS SO ORDERED


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