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Sethavanish v. Zoneperfect Nutrition Co.

United States District Court, Ninth Circuit

July 31, 2013

KIMBERLY S. SETHAVANISH, on behalf of herself and all others similarly situated, Plaintiff,
v.
ZONEPERFECT NUTRITION COMPANY, a Delaware corporation, Defendant.

Janet Lindner Spielberg (SBN 221926), LAW OFFICES OF JANET LINDNER SPIELBERG, Los Angeles, California, Michael D. Braun (SBN 167416), BRAUN LAW GROUP, P.C., Los Angeles, California, Attorneys for Plaintiff.

Joseph N. Kravec, Jr. (admitted pro hac vice), Wyatt A. Lison (admitted pro hac vice), SPIELBERG FEINSTEIN DOYLE PAYNE & KRAVEC LLC Pittsburgh, PA, Jonathan D. Brightbill (pro hac vice), Elizabeth L. Deeley, Gregg F. LoCascio, P.C. (pro hac vice), Michael J. Podberesky (pro hac vice) Attorneys for Defendant, ZONEPERFECT NUTRITION COMPANY.

STIPULATION AND [PROPOSED] ORDER REGARDING SUPPLEMENTAL SUBMISSION AND EXTENDED DEADLINES FOR CLASS CERTIFICATION BRIEFING AND HEARING

SAMUEL CONTI, District Judge.

IT IS SO ORDERED AS MODIFIED

WHEREAS, on April 26, 2012, Plaintiff filed a Complaint in the above-captioned case in the Sonoma County Superior Court of California.

WHEREAS, on June 5, 2012, Defendant removed the case to this Court (Dkt. No. 1).

WHEREAS, on December 28, 2012, the Court granted in-part and denied in-part Defendant's motion to dismiss (Dkt. No. 38).

WHEREAS, on January 25, 2013, the Court held a status conference and set the following schedule for class certification that provided the parties time between opening, response, and reply briefs to take discovery of any experts who submitted reports in conjunction with class certification briefing:

• Plaintiff's Motion to Certify Class to be filed July 2, 2013;
• Defendant's Opposition due by August 21, 2013;
• Plaintiff's Reply due by October 10, 2013;
• Motion Hearing Date November 8, 2013 at 10:00 a.m. (Dkt. No. 46).

WHEREAS, on March 27, 2013, the Supreme Court of the United States issued a ruling in Comcast Corporation, et al. v. Behrend, et al., 133 S.Ct. 1426, 1434, 185 L.Ed.2d 515, 523, 57 CR 1487 (2013), holding that on class certification, any proposed method for calculating damages submitted as part of class certification must provide a methodology that identifies damages that are the result of the alleged wrong.

WHEREAS, on July 2, 2013, Plaintiff filed her motion for class certification but did not submit any expert report for the purpose of showing that restitution could be ...


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