Opinion
Case No.: 11-CV-04758-SC
11-29-2011
TAMAR DAVIS LARSEN AND KIMBERLY S. SETHAVANISH, on behalf of themselves and all others similarly situated, Plaintiffs, v. NONNI'S FOODS LLC AND CHIPITA AMERICA, INC., Defendants.
Robert Boldt (SB# 180136) Beth Marie Weinstein (SB# 252334) KIRKLAND & ELLIS LLP Attorneys for Defendant Nonni's Foods LLC Janet Lindner Attorney for Plaintiffs Tamar Davis Larsen and Kimberly S. Sethavanish
Robert Boldt (SB# 180136)
Beth Marie Weinstein (SB# 252334)
KIRKLAND & ELLIS LLP
Attorneys for Defendant Nonni's Foods LLC
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' COMPLAINT AND TO MODIFY BRIEFING SCHEDULE
L.R. 6-1(a) and L.R. 7-12
WHEREAS, on September 23, 2011, Plaintiffs Tamar Davis Larsen and Kimberly S. Sethavanish (collectively, "Plaintiffs') filed their "Complaint For Damages, Equitable, Declaratory And Injunctive Relief" in the above-captioned Court, alleging claims against defendants Nonni's Foods, LLC and Chipita America, Inc. (collectively, "Defendants") for violations of California Business and Professions Code sections 17200 (Unfair Competition Law) and 17500 (False Advertising Law) and California Civil Code section 1750 (Consumer Legal Remedies Act), as well as claims for common law fraud and restitution; and
WHEREAS, on November 15, 2011, the parties filed a Second Stipulation to Extend Defendants' Time to Respond to Plaintiffs' Complaint, thereby granting Defendants an extension to and including November 30, 2011 to respond to the Complaint; and
WHEREAS, the parties now agree to an additional extension of time for Defendants to respond to the Complaint, through and including January 13, 2012; and
WHEREAS, counsel for Nonni's Foods LLC is in the process of substituting in as counsel of record for Chipita America, Inc.; and
WHEREAS, the parties intend to participate in good faith settlement discussions, which may obviate the need for the Court to decide matters relating to Defendants' response to Plaintiffs' Complaint; and
WHEREAS, there is an Initial Status Conference in this matter currently set for January 13, 2012; and
WHEREAS, this extension will not alter the date of any event or any deadline already fixed by Court order;
WHEREAS, in light of the foregoing, good causes exists to grant Defendants additional time to respond to Plaintiffs' Complaint.
IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, through their respective attorneys of record, that:
1. Pursuant to Local Rule 6-1, Defendants shall have an extension of time, to and including January 13, 2012, to file a response to Plaintiffs' Complaint;PURSUANT TO STIPULATION IT IS SO ORDERED.
2. Defendants will notice any necessary hearing for its response to Plaintiffs' Complaint no earlier than March 9, 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 January 13, 2012
b. Plaintiffs' opposition to be due February 9, 2012
c. Defendants' reply to be due February 23, 2012
Judge Samuel Conti
LAW OFFICES OF JANET LINDNER SPIELBERG
Janet Lindner
Attorney for Plaintiffs Tamar Davis Larsen and
Kimberly S. Sethavanish
REED SMITH LLP
Donald P. Rubenstein
Heather B. Hoesterey
Attorneys for Defendant Chipita America, Inc.
KIRKLAND & ELLIS LLP
C. Robert Boldt
Beth M. Weinstein
Attorneys for Defendant Nonni's Foods LLC
FILER'S ATTESTATION:
Pursuant to General Order 45, Section X.B regarding signatures, I attest under the penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.
KIRKLAND & ELLIS LLP
Beth M. Weinstein
LAW OFFICES OF JANET LINDNER SPIELBERG
Janet Lindner
Attorney for Plaintiffs Tamar Davis Larsen and
Kimberly S. Sethavanish
REED SMITH LLP
Donald P. Rubenstein
Heather B. Hoesterey
Attorneys for Defendant Chipita America, Inc.
KIRKLAND & ELLIS LLP
C. Robert Boldt
Beth M. Weinstein
Attorneys for Defendant Nonni's Foods LLC
CERTIFICATE OF SERVICE
I hereby certify that I filed the foregoing STIPULATION AND [PROPOSED] ORDER TO EXTEND DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' COMPLAINT AND TO MODIFY BRIEFING SCHEDULE with the Clerk of Court using the CM/ECF system, which will automatically send email notification of such filing to the following attorneys of record:
Michael D. Braun
Email: service@braunlawgroup.com
Janet Lindner Spielberg
Email: jlspielberg@jlslp.com
Attorneys for Plaintiffs
Heather B. Hoesterey
Email: hhoesterey@reedsmith.com
Attorneys for Defendant Chipita America, Inc.
Beth M. Weinstein