STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING APPEALS

WILLIAM ALSUP, District Judge.

Plaintiff Troy Backus ("Plaintiff") and Defendant ConAgra Foods, Inc. ("ConAgra") (collectively, "the Parties"), by and through their respective counsel of record, agree and stipulate as follows:

WHEREAS Plaintiff filed a Class Action Complaint in the above-captioned action on January 26, 2016;

WHEREAS on December 22, 2016, this Court denied class certification on the grounds that Plaintiff is an inadequate class representative (Dkt. No. 75);

WHEREAS on January 25, 2017, Marjel McFaddin and Mark Beasley filed in this Court a class action complaint against ConAgra, raising the same claims as Plaintiff based on essentially the same facts (Class Action Compl., McFaddin v. ConAgra Brands, Inc., No. 3:17-cv-00387-WHA (N.D. Cal. Jan. 25, 2017));

WHEREAS on February 7, 2017, this Court ordered that McFaddin v. ConAgra Brands, Inc. was related to the instant action (Dkt. No. 78);

WHEREAS on March 14, 2017, this Court ordered that the pretrial deadlines in this action be modified so as to coincide with the deadlines in McFaddin and that a Rule 30(b)(6) deposition could be used equally in McFaddin or this action (Dkt. No. 90);

WHEREAS on May 24, 2017, this Court ordered that McFaddin be stayed pending decisions by the Court of Appeals for the Ninth Circuit in Hawkins v. The Kroger Co., Case No. 16-55532 (9th Cir.), and Hawkins v. AdvancePierre Foods, Inc., Case No. 16-56697 (9th Cir.) and ordered that the parties file a joint status report by September 20, 2017, regarding the status of those appeals;

WHEREAS on September 20, 2017, the Parties filed their First Joint Status Report and requested a continuance of the stay in McFaddin;

WHEREAS on September 21, 2017, this Court continued the stay in McFaddin and ordered the parties in McFaddin to submit a second joint status report on the progress of those pending appeals by January 30, 2018;

WHEREAS the Parties request a stay of the proceedings and deadlines in this case to coincide with the stay in McFaddin pending the appeals in The Kroger Co. and AdvancePierre Foods, Inc.;

WHEREAS the Parties will submit a joint status report on the progress of those pending appeals by January 30, 2018, should the Court grant this stay;

WHEREAS the Parties do not seek this stay for any improper purpose;

IT IS HEREBY STIPULATED, by and between the Parties through their respective counsel and subject to this Court's approval, that this case, its proceedings, and its deadlines are stayed pending the decision of the United States Court of Appeals for the Ninth Circuit in the above-referenced cases. The Parties agree to file a joint status report on the progress of the pending appeals by January 30, 2018, at noon, and that future case management will be discussed once the stay is lifted.

IT IS SO STIPULATED.

ATTESTATION

I, Angela M. Spivey, hereby attest, pursuant to N.D. Cal. Local Rule 5.1(i)(3), that the concurrence to the filing of this document has been obtained from each signatory hereto.

PURSUANT TO STIPULATION, IT IS SO ORDERED. The case, its proceedings, and its deadlines are stayed pending the decisions of the United States Court of Appeals for the Ninth Circuit in Hawkins v. The Kroger Co., Case No. 16-55532 (9th Cir.), and Hawkins v. AdvancePierre Foods, Inc., Case No. 16-56697 (9th Cir.). The Parties shall file a joint status report on the progress of the pending appeals by January 30, 2018, at noon.