IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

GENNARO ROCCO and LORETTA 

SCHWEINSBURG, individually and on 

behalf of all others similarly situated, 

Plaintiffs, 

v. 

KRAFT HEINZ FOODS COMPANY, 

Defendant. 

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No. 20 C 4578 

Honorable Elaine E. Bucklo 

AGREED JOINT MOTION TO STRIKE ALL DEADLINES 

Plaintiffs Gennaro Rocco and Loretta Schweinsburg (“Plaintiffs”) and defendant Kraft 

Heinz Foods Company (“Kraft”), pursuant to Federal Rule of Civil Procedure 6(b), jointly move 

this Court to strike all deadlines and set the case for a status hearing to report on settlement on or 

after January 12, 2021. In support of this motion, the parties state as follows: 

1. Plaintiffs filed their Complaint on August 4, 2020, Dkt. No. 1, and served a copy 

on Kraft’s service agent in Delaware on August 17, 2020, Dkt. No. 5. Kraft’s deadline to respond 

to the Complaint is currently November 5, 2020. Dkt. No. 14. The parties’ joint Rule 26(f) planning 

report is due on November 9, 2020. Dkt. No. 4. And the Court has set a scheduling conference for 

November 13, 2020. Id.

2. On October 8, 2020, following a mediation with Retired District Judge Wayne 

Andersen, Kraft reached an agreement in principle to settle the claims of a group of plaintiffs who 

filed class cases similar to this action. The parties anticipate that those plaintiffs will file a motion 

for preliminary approval of the class settlement in the first filed case, Ferron v. Kraft Heinz Foods 

Case: 1:20-cv-04578 Document #: 15 Filed: 10/30/20 Page 1 of 2 PageID #:52
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Co., No. 20-cv-62136-RAR (S.D. Fla.), within the next three weeks. The settlement, if approved, 

will include the claims of Plaintiffs in this action and those of their proposed class. 

3. In order to allow the parties time to finalize their settlement, and for Plaintiffs to 

file a motion for preliminary approval of the class action settlement, the parties respectfully request 

that the Court strike all deadlines, strike the scheduling conference set for November 13, and set 

the case for status on or after January 12, 2021, by which time the parties believe their settlement 

will be finalized. 

WHEREFORE, Plaintiffs and Kraft jointly move this Court to enter an order striking all 

deadlines and setting the case for a status hearing on or after January 12, 2021. 

Dated: October 30, 2020 Respectfully submitted, 

GENNARO ROCCO and LORETTA 

SCHWEINSBURG 

 KRAFT HEINZ FOODS COMPANY 

/s/ Carl V. Malmstrom /s/ Dean N. Panos 

Carl V. Malmstrom 

WOLF HALDENSTEIN ADLER 

FREEMAN & HERZ LLC 

111 W. Jackson Street, Suite 1700 

Chicago, IL 60604 

Telephone: (312) 984-0000 

malmstrom@whafh.com 

 Dean N. Panos 

Thomas E. Quinn 

JENNER & BLOCK LLP 

353 N. Clark Street 

Chicago, IL 60654-3456 

Telephone: (312) 222-9350 

dpanos@jenner.com 

L. Timothy Fisher* 

Brittany S. Scott* 

BURSOR & FISHER, P.A. 

1990 N. California Blvd., Suite 940 

Walnut Creek, CA 94596 

Telephone: (925) 300-4455 

ltfisher@bursor.com 

bscott@bursor.com 

*Pro Hac Vice Forthcoming 

Attorneys for Plaintiffs Gennaro Rocco and 

Loretta Schweinsburg

Kate T. Spelman 

Alexander M. Smith 

JENNER & BLOCK LLP 

633 West 5th Street, Suite 3600 

Los Angeles, CA 90071-2054 

Telephone: (213) 239-5100 

Attorneys for Defendant Kraft Heinz Foods 

Company

Case: 1:20-cv-04578 Document #: 15 Filed: 10/30/20 Page 2 of 2 PageID #:53