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Swearingen v. Attune Foods, Inc.

United States District Court, Ninth Circuit

December 18, 2013

MARY SWEARINGEN and ROBERT FIGY, individually and on behalf of all others similarly situated, Plaintiffs,
v.
ATTUNE FOODS, INC., Defendant.

Ben F. Pierce Gore, (SBN 128515), PRATT & ASSOCIATES, San Jose, CA, Attorneys for Plaintiff Mary Swearingen.

Colin H. Dunn, CLIFFORD LAW OFFICES, Chicago, IL, Attorneys for Plaintiff Robert Figy.

Trenton H. Norris, (SBN 164781), Angel A. Garganta, (SBN 163957), Carolyn A. Pearce, (SBN 289681), ARNOLD & PORTER LLP, San Francisco, California, Attorneys for Defendant ATN HOLDINGS, INC., f/k/a Attune Foods, Inc.

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED DATES

SAUNDRA BROWN ARMSTRONG, District Judge.

Plaintiffs Mary Swearingen and Robert Figy ("Plaintiffs") and Defendant ATN Holdings, Inc. (formerly known as Attune Foods, Inc.) ("Defendant"), through their respective attorneys of record herein (collectively, "Parties"), without waiving any rights, claims, or defenses they may have in this action, hereby stipulate and agree as follows:

WHEREAS, the Order Setting Initial Case Management Conference and ADR Deadlines (Doc. # 4) orders that the Parties meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; file ADR Certification signed by Parties and Counsel; and file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference by December 17, 2013;

WHEREAS, the Order Setting Initial Case Management Conference and ADR Deadlines (Doc. # 4) orders that the Parties file a Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report by December 31, 2013;

WHEREAS, the Initial Case Management Conference is currently scheduled for Thursday, January 9, 2014 at 2:30 p.m. via telephone (Doc. #10);

WHEREAS, counsel for Defendant intends to file a potentially dispositive motion to dismiss, currently due on January 15, 2014 (Doc. #12);

WHEREAS, counsel for the Parties agree that the resources of the Court and the Parties would be conserved if the date for the Initial Case Management Conference were vacated pending briefing and the Court's ruling on Defendant's motion to dismiss, and if the Initial Case Management Conference and all dates in the Order Setting Initial Case Management Conference and ADR Deadlines were vacated, all to be rescheduled pursuant to a new scheduling order to be issued after the Court's ruling on Defendant's motion to dismiss, if necessary;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties, and subject to the Court's approval, that the Parties respectfully request that the date for the Initial Case Management Conference be vacated and that the Initial Case Management Conference and all other dates in the Order Setting Initial Case Management Conference and ADR Deadlines be vacated, all to be rescheduled pursuant to a new scheduling order to be issued after the Court's ruling on Defendant's motion to dismiss, if necessary.

IT IS SO STIPULATED.

PURSUANT TO THE STIPULATION, IT IS SO ORDERED except that a telephonic case management conference will be held on April 9, 2014, at 2:30 p.m., in Courtroom 1, 4th Floor, 1301 Clay Street, Oakland, CA 94612. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than seven (7) days prior to the Case Management Conference that complies with the Standing Order For All Judges Of The Northern District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call (510) 637-3559 at the above indicated date and time.


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