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Katie Kane, Individually and On Behalf of All Others Similarly Situated v. Chobani

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


October 2, 2012

KATIE KANE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
CHOBANI, INC., ALSO KNOWN AS AGRO- FARMA, INC.
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER RE: JOINT STIPULATION RE: (1) FILING OF SECOND AMENDED COMPLAINT, AND (2) BRIEFING AND HEARING SCHEDULES ON DEFENDANT'S MOTION TO DISMSISS AND PLAITNIFF'S MOTION FOR PRELIMINARY INJUNCTION

The parties have filed a Joint Stipulation re: (1) Filing of Second Amended Complaint, and (2) Briefing and Hearing Schedules on Defendant's Motion to Dismiss and Plaintiff's Motion for 18 Preliminary Injunction ("Stipulation"). ECF No. 31.

The Court, having considered the Stipulation, 19 and for good cause shown, ORDERS as follows: 20

(1) Plaintiff shall file her second amended complaint ("Second Amended Complaint") no later 21 than October 10, 2012;

(2) In light of the Second Amended Complaint, Defendant no longer has a deadline of October 23 12, 2012 to answer or otherwise respond to the Amended Complaint;

(3) Defendant's deadline to respond to the Second Amended Complaint shall be November 12, 25 2012;

(4) Defendant shall have until November 2, 2012 to file its opposition to Plaintiff's motion for 2 a preliminary injunction, and Plaintiff shall have until December 3, 2012 to file her reply; and

(5) The Parties' request that Defendant's yet to be filed motion to dismiss the Second Amended 5 Complaint be heard on January 24, 2012 is DENIED. If Defendant intends to file a motion to dismiss the Second Amended Complaint, Defendant shall contact the Court and request a hearing date before Defendant files its motion. Should the Parties wish to change the due date for Plaintiff's opposition to Defendant's motion to dismiss, or the due date for Defendant's reply in support of Defendant's motion to dismiss, they must file a stipulation setting forth the amended briefing schedule after Defendant has filed its motion to dismiss.

IT IS SO ORDERED.

20121002

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