Opinion
CASE NO. CV 10-01192-JSW (EDL)
10-31-2011
ELLIOT ZEISEL, on behalf of himself and all others similarly situated, Plaintiff, v. DIAMOND FOODS, INC., a Delaware corporation, Defendant.
STEMBER FEINSTEIN DOYLE & PAYNE LLC By: Joseph N. Kravec, Jr. ( Admitted Pro Hac Vice ) Ellen M. Doyle Wyatt A. Lison Janet Lindner Spielberg LAW OFFICES OF JANET LINDNER SPIELBERG Michael D. Braun (SBN 167416) BRAUN LAW GROUP, P.C. Attorneys for Plaintiff and the Class WINSTON & STRAWN LLP By: Jeffrey J. Lederman Jeffrey S. Bosley Amanda L. Groves Attorneys for Defendant Diamond Foods, Inc.
Michael D. Braun (Bar No. 167416)
BRAUN LAW GROUP, P.C.
Janet Lindner Spielberg (Bar No. 221926)
LAW OFFICE OF JANET LINDNER
SPIELBERG
Counsel for Plaintiff and the Class
Joseph N. Kravec, Jr. (pro hac vice)
Ellen M. Doyle (pro hac vice)
Wyatt A. Lison (pro hac vice)
Maureen Davidson-Welling (pro hac vice)
STEMBER FEINSTEIN DOYLE & PAYNE, LLC
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER STAYING ALL DEADLINES
WHEREAS, on October 13, 2011, the Court entered an Order establishing deadlines for Class Notice to be sent, for summary judgment to be briefed and heard, for expert discovery and for a trial in this action. See Doc. 194;
WHEREAS, on October 13, 2011, after a day-long mediation and after the Court entered the above-referenced scheduling Order, Plaintiff Elliot Zeisel and Defendant Diamond Foods, Inc. (collectively, the "Parties") reached an agreement in principle regarding the class-wide settlement of this class action lawsuit subject to final settlement documentation and approval of the Court of a final settlement agreement;
WHEREAS, the Parties still need to document a final settlement agreement. After the Parties document a final settlement agreement, the Parties anticipate filing a motion to submit to this Court for preliminary approval of the settlement, for entry of plan for dissemination of settlement class notice and for setting of a fairness hearing for final approval;
WHEREAS, the Parties believe that in light of their agreement in principle, all current pre-trial and trial deadlines should be stayed pending a Case Management Conference on Friday, December 9, 2011 at 1:30 p.m., so that the Parties can focus on documenting a final settlement agreement and preparing a motion for preliminary approval;
WHEREAS, if the Parties are able to document a final settlement agreement and file a motion for preliminary approval of the settlement before the Case Management Conference on Friday, December 9, 2011 at 1:30 p.m., then the Parties agree the December 9, 2011 Case Management Conference may be vacated and removed from the Court's calendar, and all pre-trial and trial deadlines, other than those associated with the settlement, may be vacated in their entirety and removed from the Court's calendar;
WHEREAS, there have been seven prior extensions of time in this Action. See Docs. 5, 27, 32, 66, 158, 163, and 194;
WHEREAS, this Stipulation is made in good faith and not for purposes of delay;
WHEREAS, good cause exists for the foregoing modifications to the schedule in this action because it would promote judicial efficiency to stay all deadlines pending a Case Management Conference on Friday, December 9, 2011 at 1:30 p.m. to allow the Parties time to document a final settlement agreement and to prepare and submit a motion for preliminary approval of the agreed-upon settlement.
IS HEREBY STIPULATED by and between the Parties, through their respective counsel of record, as follows:
(a) All current deadlines are stayed pending a Case Management Conference on Friday, December 9, 2011 at 1:30 p.m.;
(b) If the Parties are able to document a final settlement agreement and file a motion for preliminary approval before the Case Management Conference on Friday, December 9, 2011 at 1:30 p.m., then the Parties agree the December 9, 2011 Case Management Conference may be vacated and removed from the Court's calendar, and all pre-trial and trial deadlines, other than those associated with the settlement, may be vacated in their entirety and removed from the Court's calendar.
STEMBER FEINSTEIN DOYLE & PAYNE LLC
By: Joseph N. Kravec, Jr.
(Admitted Pro Hac Vice)
Ellen M. Doyle
Wyatt A. Lison
Janet Lindner Spielberg
LAW OFFICES OF JANET LINDNER
SPIELBERG
Michael D. Braun (SBN 167416)
BRAUN LAW GROUP, P.C.
Attorneys for Plaintiff and the Class
WINSTON & STRAWN LLP
By: Jeffrey J. Lederman
Jeffrey S. Bosley
Amanda L. Groves
Attorneys for Defendant Diamond Foods, Inc.
I, Amanda L. Groves, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
concurrence to the filing of this document has been obtained from each signatory hereto.
Amanda L. Groves
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED
If the parties are unable to finalize a settlement agreement by December 2, 2011, a case management statement shall be due on that date.
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE