STIPULATION AND ORDER SETTING NEW BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION TO STRIKE AND MOTION FOR ATTORNEY FEES

CHARLES R. BREYER, District Judge.

Plaintiffs and Defendant ConAgra Foods, Inc. ("ConAgra"), by and through their respective counsel of record, enter into the following stipulation, based upon the recitals below:

1. On September 9, 2013, Defendant filed a Motion to Strike Class Claims (Dkt. No. 138) ("Motion to Strike") and a Motion for Attorney Fees (Dkt. No. 140). These motions are set for hearing on October 18, 2013 at 10:00 a.m.

2. Counsel for the parties have conferred and agreed, subject to Court approval, to jointly propose that the briefing schedule and hearing for the Motion to Strike and Motion for Attorney Fees be modified to have the same deadlines as those previously set by Court Order (Dkt. No. 118) for Plaintiffs' Motion for Class Certification; specifically, the parties propose that Plaintiffs' oppositions to the Defendant's Motion to Strike and Motion for Attorney Fees be due October 9, 2013, and Defendant's reply be due October 30, 2013.

3. The parties have further agreed, subject to Court approval, that the hearing date for Defendant's Motion to Strike and Motion for Attorney Fees be rescheduled to the same date as the hearing on Plaintiffs' Motion for Class Certification, i.e., November 15, 2013 at 10:00 a.m.

IT IS SO STIPULATED.

ORDER

PURSUANT TO STIPULATION, and good cause appearing, the Court orders that Plaintiffs' oppositions to Defendant's Motion to Strike and Motion for Attorney Fees are due October 9, 2013, and that Defendant's replies to the same are due October 30, 2013. The Court further orders that the hearing on Defendant's Motion to Strike, Motion for Attorney Fees and the Plaintiff's Motion to Sever and Motion to Certify Class shall be on November 22, 2013 at 10:00 a.m. for November 22, 2013 at 10:00 a.m.

IT IS SO ORDERED.