Opinion
WILLIAM L. STERN, JAMES M. SCHURZ, KEVIN M. COLES, MORRISON & FOERSTER LLP, San Francisco, California, Attorneys for Defendant THE HAIN CELESTIAL GROUP, INC.
CHANT YEDALIAN, CHANT & COMPANY A Professional Law Corporation, Glendale, CA, Attorney for Plaintiff Anderson.
JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND DEFENDANT'S TIME TO ANSWER THE FIRST AMENDED COMPLAINT
EDWARD J. DAVILA, District Judge.
Plaintiff Barbara Anderson ("Plaintiff"), on behalf of herself and all others similarly situated, and Defendant The Hain Celestial Group, Inc. ("Hain" or "Defendant"), through their undersigned counsel, hereby stipulate as follows:
WHEREAS, on November 11, 2014, Ms. Anderson filed her First Amended Complaint ("FAC") in this action;
WHEREAS, on January 12, 2015, Hain moved to the dismiss the FAC;
WHEREAS, on April 8, 2015, the Court granted in part and denied in part Hain's motion, and ordered Hain to answer the FAC within 15 days of its Order on April 23, 2015 (Dkt. No. 46);
WHEREAS, on April 8, 2015, the Court ordered the parties to submit a Joint Case Management Statement on May 14, 2015, and scheduled a Case Management Conference for May 21, 2015;
WHEREAS, on April 17, 2015, the Court granted the parties' joint stipulation to extend Hain's time to answer the FAC to May 28, 2015 (Dkt. No. 48);
WHEREAS, the parties were contemplating submitting a joint stipulation to stay the action pending the Ninth Circuit's decisions in Jones v. ConAgra and Brazil v. Dole;
WHEREAS, on May 12, 2015, the Court granted the parties' joint stipulation to continue the case management conference to June 25, 2015 and extend Hain's time to answer the FAC until July 2, 2015;
WHEREAS, despite their negotiations and a general agreement to stay this action pending the Ninth Circuit's decisions in Jones v. ConAgra and Brazil v. Dole, the parties were unable to agree to the precise terms and parameters of a stay;
WHEREAS, Hain now intends to file a motion to stay the action pending those decisions;
WHEREAS, Plaintiff intends to not oppose a stay but, instead, request that the Court establish reasonable terms and parameters of a stay, including as to matters that may be implicated or otherwise affected by a stay;
WHEREAS, the parties agree to continue the Case Management Conference and extend Hain's time to answer the FAC until after the Court rules on Hain's motion to stay the action.
THE PARTIES HEREBY STIPULATE, subject to the approval of the Court, that:
• The Case Management Conference is continued pending the Court's ruling on Hain's motion to stay the action. Should the motion be denied, the Court shall set a new date for the Case Management Conference and related deadline for submission of a Joint Case Management Statement.
• Hain's deadline to answer the FAC shall be extended accordingly. WILLIAM L. STERN
[PROPOSED] ORDER
PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.
The Motion to Stay shall be noticed for September 24, 2015 at 9:00 AM.