Case 3:13-cv WHO Document 90 Filed 09/20/17 Page 1 of 5

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1 Case :-cv-00-who Document 0 Filed 0// Page of WILLIAM L. STERN (CA SBN ) WStern@mofo.com CLAUDIA M. VETESI (CA SBN ) CVetesi@mofo.com ALEXANDRA E. LAKS (CA SBN ) ALaks@mofo.com LUCIA X. ROIBAL (CA SBN 0) LRoibal@mofo.com MORRISON & FOERSTER LLP Market Street San Francisco, California - Telephone:..000 Facsimile:.. Attorneys for Defendant AMAZON PRESERVATION PARTNERS, INC. d/b/a ZOLA ACAI UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARY SWEARINGEN and ROBERT FIGY, individually and on behalf of all others similarly situated, v. Plaintiffs, AMAZON PRESERVATION PARTNERS, INC. d/b/a ZOLA ACAI Defendant. CASE NO. CV-0-WHO Case No. CV-0-WHO JOINT STIPULATION AND ORDER EXTENDING STAY Judge: Hon. William H. Orrick Action Filed: September,

2 Case :-cv-00-who Document 0 Filed 0// Page of Pursuant to Local Rule -, Plaintiffs Mary Swearingen and Robert Figy ( Plaintiffs ) and Defendant Amazon Preservation Partners, Inc. d/b/a Zola Acai ( Zola ) (collectively the Parties ), by and through their respective counsel of record, agree and stipulate as follows: WHEREAS per the minutes from the proceedings on July,, the Court ordered the parties to meet and confer and file a Joint Status Statement proposing a course of action with respect to this stay within two weeks of a decision in one of the following Ninth Circuit appeals: Jones v. ConAgra Foods, Inc., No. - (th Cir. filed July, ), Brazil v. Dole Packaged Foods, LLC, No. -0 (th Cir. filed Dec., ), or Kosta v. Del Monte Foods, Inc., No. - (th Cir. filed Oct., ) (Dkt. No. ); WHEREAS on September,, the Ninth Circuit granted the parties stipulation to dismiss the Kosta appeal; WHEREAS the Parties previously notified the Court that the Ninth Circuit had issued a memorandum disposition in Brazil (Dkt. No. ), and that the Jones appeal had been voluntarily dismissed (Dkt. No. ); WHEREAS the Parties accordingly agree that the three appeals which formed the basis for the Court s partial continuation of the stay in this matter no longer provide grounds for staying this case; WHEREAS the Parties nonetheless agree that the stay should be continued pending the outcome of the following matters: (i) the Supreme Court s decision on the petition for writ of certiorari in ConAgra v. Briseno, No. -, which addresses the circuit split as to whether ascertainability is a separate class certification requirement; and (ii) the appeals in Victor v. Bigelow, Inc., No. -, Khasin v. Bigelow, Inc., No. -, and Lanovaz v. Twinings North America, Inc., No. -, which address injunctive standing requirements; WHEREAS both the Briseno petition and the Bigelow and Twinings appeals will provide guidance on important class certification and summary standards judgment that this Court must face in addressing Plaintiffs intended motions, and thus the same reasons that justified CASE NO. CV-0-WHO

3 Case :-cv-00-who Document 0 Filed 0// Page of continuing the stay pending Jones, Brazil, and Kosta justify continuing the stay pending these cases as well; WHEREAS the Briseno petition is set for conference in September, and the Bigelow and Twinings appeals are being considered for the November and December Ninth Circuit oral argument calendars, respectively; WHEREAS the parties accordingly anticipate receiving the benefit of a decision in these matters in the next few months, and thus believe the continued stay will be limited in nature; WHEREAS the Parties stipulate that, within fourteen days of a decision on the Briseno petition, or a decision in the Bigelow or Twinings appeals, the Parties will file a Joint Status Statement indicating the Parties positions with respect to the status of the stay; WHEREAS the Parties request the extension of this stay for the purposes of judicial economy to save both the Court s and the Parties time and resources by avoiding potentially unnecessary briefing on class certification and summary judgment, and do not request the extension for any improper purpose; IT IS HEREBY STIPULATED that, subject to this Court s approval, the stay in this case is continued until a decision from the Supreme Court on the petition for a writ of certiorari in Briseno or a decision from the Ninth Circuit on the Bigelow or Twinings appeals and that the Parties will file a notice within fourteen days of a decision in any of these cases indicating their position on the status of the stay. IT IS SO STIPULATED. CASE NO. CV-0-WHO

4 Case :-cv-00-who Document 0 Filed 0// Page of Dated: September, Dated: September, Dated: September, WILLIAM L. STERN CLAUDIA M. VETESI ALEXANDRA E. LAKS LUCIA X. ROIBAL MORRISON & FOERSTER LLP By: /s/ William L. Stern WILLIAM L. STERN Attorneys for Defendant AMAZON PRESERVATION PARTNERS, INC. d/b/a ZOLA ACAI STERLING STARNS DON BARRETT, P.A. By: /s/ Sterling Starns STERLING STARNS Attorneys for Plaintiffs MARY SWEARINGEN and ROBERT FIGY PIERCE GORE PRATT & ASSOCIATES By: /s/ Pierce Gore PIERCE GORE Attorneys for Plaintiffs MARY SWEARINGEN and ROBERT FIGY CASE NO. CV-0-WHO

5 Case :-cv-00-who Document 0 Filed 0// Page of ECF ATTESTATION I, William L. Stern, am the ECF User whose ID and password are being used to file the foregoing JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING STAY. I hereby attest that Sterling Starns and Pierce Gore have concurred in this filing. Dated: September, By: /s/ William L. Stern William L. Stern ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: September, WILLIAM H. ORRICK United States District Judge CASE NO. CV-0-WHO