The opinion of the court was delivered by: The Honorable Jeffrey S. White
Date: March 30, 2012 Time: 1:30 PM 24 Courtroom: 11, 19th Floor
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Plaintiff Michael Rodman ("Plaintiff") and defendant Safeway Inc. ("Safeway"), by 2 and through their counsel, stipulate: 3
1. Plaintiff filed his Class Action Complaint on June 17, 2011 (Dkt. No. 1) and 4 later amended his complaint on September 15, 2011 (Dkt. No. 29). The Amended 5 Complaint, which is the operative complaint, alleges claims for breach of contract, 6 violation of California's Consumer Legal Remedies Act (Civ. Code § 1770, et seq.), false 7 advertising (Bus. & Prof. Code § 17500, et seq.) and unfair competition (Bus. & Prof. 8 Code § 17200, et seq.). In support of his claims, Plaintiff alleges that Safeway 9 misrepresented to customers that the prices they would be charged for groceries ordered 10 online for home delivery would be the same as the price charged on that day in the 11 customers' local brick-and-mortar store. 12
2. Safeway moved to dismiss the Amended Complaint, which the Court denied 13 by order entered November 1, 2011 (Dkt. No. 38). Safeway answered the Amended 14 Complaint, denying it misrepresented its online store pricing and alleging various 15 affirmative defenses, on November 15, 2011 (Dkt. No. 39). 16
3. On December 1, 2011, the parties participated in an Early Neutral Evaluation 17 before Stephen E. Taylor, Esq. As reflected by Mr. Taylor's Certification of ADR Session 18 (Dkt. No. 40), the parties agreed to continue their ADR efforts through a full day 19 mediation. 20
4. By order entered January 3, 2011, the Court continued the initial case 21 management conference to March 23, 2012 to allow the parties time to complete their 22 efforts to settle this matter (Dkt. No. 43). 23 William Cahill at JAMS in San Francisco and are in the process of informally exchanging 25 discovery each side believes they require to facilitate a productive mediation session. 26
6. Due to Judge Cahill's calendar, the parties' and counsel's availability and 27 some medical concerns involving Safeway's party representative, the first available date 28 for the mediation was April 10, 2012. The matter is presently confirmed for a full-day 2 mediation before Judge Cahill on that date. 3
7. Based on the prior settlement discussions and the impending mediation, the 4 parties jointly request the Court continue the March 23, 2012 Case Management 5 Conference to April 20, 2012, with a joint case management conference statement due on 6 April 13, 2012, or a date thereafter convenient to the Court. 7
Dated: March 14, 2012 SHEPHERD, FINKELMAN, MILLER & SHAH LLP By /s/ James C. Shah LESLEY E. WEAVER JAMES C. SHAH Attorneys for Plaintiff MICHAEL RODMAN Dated: March 14, 2012 CHIMICLES & TIKELLIS, LLP 15 By /s/ Steven A. Schwartz STEVEN A. SCHWARTZ TIMOTHY N. MATHEWS Attorneys for Plaintiff MICHAEL RODMAN Dated: March 14, 2012 SHEPPARD MULLIN RICHTER & HAMPTON LLP 20 By /s/ Brian R. Blackman P. CRAIG CARDON BRIAN R. BLACKMAN ELIZABETH S. BERMAN Attorneys for Defendant SAFEWAY INC.
Having considered the parties' stipulation and good cause appearing, the Court 3 continues the March 23, 2012 Case Management Conference to April 20, 2012 at 1:30 PM 4 in Courtroom 11, 19th Floor. The joint case ...