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Tamar Davis Larsen and Kimberly S. v. Nonni's Foods LLC and Chipita America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 30, 2012

TAMAR DAVIS LARSEN AND KIMBERLY S. SETHAVANISH, ON BEHALF OF THEMSELVES AND ALL 12 OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
NONNI'S FOODS LLC AND CHIPITA AMERICA, INC., DEFENDANTS.

The opinion of the court was delivered by: N Samuel Conti R O Judge O

Robert Boldt (SB# 180136) Email: robert.boldt@kirkland.com Beth Marie Weinstein (SB# 252334) Email: beth.weinstein@kirkland.com KIRKLAND & ELLIS LLP 333 S. Hope Street Los Angeles, CA 90071 Telephone: (213) 680-8400 Facsimile: (213) 680-8500 Attorneys for Defendant Nonni's Foods LLC and Chipita America, Inc.

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' COMPLAINT, TO MODIFY BRIEFING SCHEDULE AND TO POSTPONE CASE MANAGEMENT CONFERENCE L.R. 6-1(a), 7-12 and 16-2(e) 16

WHEREAS, on September 23, 2011, Plaintiffs Tamar Davis Larsen and Kimberly S. Sethavanish (collectively, "Plaintiffs') filed their "Complaint For Damages, Equitable, Declaratory 22 And Injunctive Relief" in the above-captioned Court, alleging claims against defendants Nonni's 23 Foods LLC and Chipita America, Inc. (collectively, "Defendants") for violations of California 24 Business and Professions Code sections 17200 (Unfair Competition Law) and 17500 (False 25 Advertising Law) and California Civil Code section 1750 (Consumer Legal Remedies Act), as well 26 as claims for common law fraud and restitution; and 27

WHEREAS, on November 15, 2011, the parties filed a Second Stipulation to Extend 21 Defendants' Time to Respond to Plaintiffs' Complaint, thereby granting Defendants an extension to and including November 30, 2011 to respond to the Complaint; and 2 Defendants' Time to Respond to Plaintiffs' Complaint; and 4 Defendants' Time to Respond to Plaintiffs' Complaint; and 6 7 respond to the Complaint, through and including June 15, 2012; and 8 9 beginning on April 30, 2012, which may obviate the need for the Court to decide matters relating to 10

WHEREAS, in light of the parties' intent to participate in good faith settlement discussions, 12 the parties agree that the date of this Court's Case Management Conference in this matter, currently 13 set for April 20, 2012, should be postponed to 10 a.m. on September 7, 2012, in Courtroom #1 (or a 14 date near to September 7, 2012), in order to give the parties time to attempt to resolve the dispute 15 privately and also to avoid wasting the Court's time and resources; and 16 17 to respond to Plaintiffs' Complaint and to postpone the Case Management Conference. 18 19 respective attorneys of record, that: 20

WHEREAS, on November 29, 2011, the parties filed a Third Stipulation to Extend 3 WHEREAS, on December 21, 2011, the parties filed a Fourth Stipulation to Extend 5 WHEREAS, the parties now agree to an additional extension of time for Defendants to WHEREAS, the parties have confirmed their agreement to participate in a private mediation Defendants' response to Plaintiffs' Complaint; and 11

WHEREAS, in light of the foregoing, good causes exists to grant Defendants additional time

IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, through their

1. Pursuant to Local Rule 6-1, Defendants shall have an extension of time, to and including June 15, 2012, to file a response to Plaintiffs' Complaint; 2. Defendants will notice any necessary hearing for its response to Plaintiffs' Complaint no earlier than August 10, 2012; and

3. Pursuant to Local Rule 7-12, the following briefing schedule shall apply to Defendants' response to Plaintiffs' Complaint:

a. Defendants' responsive pleading to be due June 15, 2012

b. Plaintiffs' opposition to be due July 13, 2012

c. Defendants' reply to be due July 27, 2012

FILER'S ATTESTATION:

Pursuant to General Order 45, Section X.B regarding signatures, I attest under the penalty of 20 perjury that the concurrence in the filing of this document has been obtained from its signatories. 21 22

S DIST ATE RICT S IT IS SO ORDERED

United

IT District Court A

Judge

I N

CERTIFICATE OF SERVICE

I hereby certify that I filed the foregoing STIPULATION AND [PROPOSED] ORDER

TO EXTEND DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' COMPLAINT, TO MODIFY BRIEFING SCHEDULE AND TO POSTPONE CASE MANAGEMENT CONFERENCE with the Clerk of Court using the CM/ECF system, which will automatically send 6 email notification of such filing to the following attorneys of record: 7 Michael D. Braun 8 Email: service@braunlawgroup.com Janet Lindner Spielberg Email: jlspielberg@jlslp.com 10 Joseph N. Kravec, Jr. 11 Email: jkravec@stemberfeinstein.com 12 Attorneys for Plaintiffs 13 14

Beth M. Weinstein

Beth M. Weinstein

20120330

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