Lewis v. Kraft Heinz Foods Company

Northern District of Illinois, ilnd-1:2016-cv-06160

JOINT STIPULATION TO STAY AND ORDER, The parties shall jointly inform the Court of any pertinent actions by the JPML; and The parties shall file joint status reports at least every three (3) months, signed by District Judge Anthony W. Ishii on 5/16/2016. [Transferred from California Eastern on 6/15/2016.]

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Case: 1:16-cv-06160 Document #: 8 Filed: 05/16/16 Page 1 of 3 PageID #:44 1 JENNER & BLOCK LLP Kenneth K. Lee (Cal. Bar No. 264296) 2 klee@jenner.com 633 West 5th Street, Suite 3600 3 Los Angeles, CA 90071 Telephone: (213) 239-5100 4 Facsimile: (213) 239-5199 5 JENNER & BLOCK LLP Dean N. Panos (to apply pro hac vice) 6 dpanos@jenner.com 353 N. Clark Street 7 Chicago, IL 60654 Telephone: (312) 222-9350 8 Facsimile: (312) 527-0484 9 Attorneys for Defendants Kraft Heinz Company (improperly sued as Kraft Heinz Foods Company) 10 11 [ADDITIONAL COUNSEL ON SIGNATURE PAGE] 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION 15 16 JOHN LEWIS, individually and on behalf of all Case No. 1:16-cv-400 AWI SAB others similarly situated, 17 The Honorable Anthony W. Ishii Plaintiff, 18 JOINT STIPULATION TO STAY AND v. ORDER THEREON 19 (DOC. No. 9) 20 KRAFT HEINZ FOODS COMPANY, 21 Defendant. 22 23 24 25 26 27 28 30 31 STIPULATION TO STAY 32 Case: 1:16-cv-06160 Document #: 8 Filed: 05/16/16 Page 2 of 3 PageID #:45 1 JOINT STIPULATION TO STAY 2 WHEREAS: 3 (1) Plaintiff John Lewis filed his Class Action Complaint on March 23, 2016; and 4 (2) The deadline for Defendant Kraft Heinz Company ("Kraft Heinz") to respond to 5 Plaintiff's Class Action Complaint is May 12, 2016; and 6 (3) At least twenty other similar complaints have been filed against Kraft Heinz across the 7 country, and plaintiffs in five of those cases filed petitions with the United States Judicial Panel 8 on Multidistrict Litigation (the "JPML") seeking to centralize all of the Parmesan-related 9 lawsuits against Kraft Heinz in a common jurisdiction; and 10 (4) The JPML has scheduled oral argument on those MDL petitions, In re: 100% Grated 11 Parmesan Cheese Marketing and Sales Practices Litigation, MDL No. 2705; In re: Kraft 100% 12 Grated Parmesan Cheese Marketing and Sales Practices Litigation, MDL No. 2707, as well as a 13 related MDL petition, In re: Walmart Great Value 100% Grated Parmesan Cheese Marketing 14 and Sales Practices Litigation, MDL NO. 2708, on May 26, 2016 and will likely issue its 15 decision regarding centralization in June 2016; and 16 (5) In light of the petitions before the JPML and the potential need to coordinate the related 17 cases, the parties agree that a brief stay of proceedings pending the JPML's decision is 18 appropriate because it would avoid the need for unnecessary and duplicative discovery and 19 motion practice by the parties and conserve valuable judicial resources; 20 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between 21 the undersigned counsel of record that this case be STAYED pending the JPML's ruling on 22 MDL Petitions 2705, 2707, and 2708. The parties shall submit a joint status report to this Court 23 within five (5) days of the JPML's ruling. 24 DATED: May 9, 2016 AUDET & PARTNERS, LLP 25 26 By: /s/ Michael McShane 27 28 30 1 31 STIPULATION TO STAY 32 Case: 1:16-cv-06160 Document #: 8 Filed: 05/16/16 Page 3 of 3 PageID #:46 1 Michael McShane 2 Attorneys for Plaintiff John Lewis 3 4 DATED: May 9, 2016 JENNER & BLOCK LLP 5 By: /s/ Kenneth K. Lee Kenneth K. Lee 6 Attorneys for Defendant 7 Kraft Heinz Company 8 9 ORDER 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. This matter is STAYED pursuant to the parties' stipulation; 12 2. The parties shall jointly inform the Court of any pertinent actions by the JPML; and 13 3. The parties shall file joint status reports at least every three (3) months. 14 IT IS SO ORDERED. 15 16 Dated: May 16, 2016 SENIOR DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION TO STAY