Delano Farms Company et al v. The California Table Grape Commission

Filing 92

STIPULATION and ORDER Regarding a Sixty-Day Extension of Time for all Defendants to Answer or Otherwise Respond to Plaintiffs' Second Amended Complaint signed by Judge Oliver W. Wanger on 12/7/2009. Response to Second Amended Complaint due by 2/2/2010. (Sant Agata, S)

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TONY WEST Assistant Attorney General JOHN FARGO Director LAWRENCE G. BROWN Acting United States Attorney SUSAN L. C. MITCHELL Trial Attorney United States Department of Justice Commercial Litigation Branch Civil Division Washington, D.C. 20530 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for the United States of America, the United States Department of Agriculture, and Tom Vilsack UNITED STATE DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DELANO FARMS COMPANY, FOUR STAR FRUIT, INC., and GERAWAN FARMING, INC., ) ) CASE NO. 1:07-CV-1610 OWW (SMS) ) ) Plaintiffs, ) STIPULATION AND ORDER REGARDING A ) SIXTY-DAY EXTENSION OF TIME FOR ALL v. ) DEFENDANTS TO ANSWER OR OTHERWISE ) RESPOND TO PLAINTIFFS' SECOND ) AMENDED COMPLAINT THE CALIFORNIA TABLE GRAPE ) COMMISSION, UNITED STATES OF ) AMERICA, UNITED STATES ) DEPARTMENT OF AGRICULTURE, ) TOM VILSACK, SECRETARY OF THE ) UNITED STATES DEPARTMENT OF ) AGRICULTURE (IN HIS ) OFFICIAL CAPACITY) ) ) Defendants. ) ____________________________________) WHEREAS on November 16, 2009, the Plaintiffs filed a Second Amended Complaint (SAC)

24 asking the Court under the Administrative Procedures Act to hold unlawful and set aside the 25 government's grant of exclusive licenses for the patented varieties to the Commission, actions that 26 allegedly violate a provision of the Bayh-Dole Act, 35 U.S.C. § 209(a), see Dkt. No. 87 at ¶¶ 64 ­ 83; 27 WHEREAS the deadline for the government to answer or otherwise respond to the SAC is 28 Friday, December 4, 2009, see Fed. R. Civ. P. 6(a) and (d); 1

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WHEREAS the government requires additional time to gather the administrative record culminating in the government's decisions to grant the exclusive licenses for the patented varieties to the Commission, assure the completeness of such records, lodge these with the Court, and serve them on all parties; IT IS HEREBY STIPULATED by the parties to this case, through their respective counsel, subject to approval by the Court, that all defendants time to answer or otherwise respond to the SAC be extended by sixty days until Tuesday, February 2, 2010. The government will also serve all parties with a copy of the administrative records described above by Tuesday, February 2, 2010.

Dated: November 30, 2009

Lawrence M. Hadley (SBN 157728) Omer Salik (SBN 223056) HENNIGAN BENNETT AND DORMAN LLP 865 S. Figueroa Street, Suite 2900 Los Angeles, California 90017 Tel: [phone] Fax: [phone] [e-mail] [e-mail] /s/ Lawrence M. Hadley (as authorized on Nov. 30, 2009) Lawrence M.Hadley Attorneys for Plaintiffs DELAN FARMS COMPANY, FOUR STAR FRUIT, INC., AND GERAWAN FARMING, INC.

Randolph D. Moss (pro hac vice) Leon B. Greenfield (pro hac vice) Brian M. Boynton (SBN 222193) WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail]

STIPULATION FOR A SIXTY-DAY EXTENSION FOR DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT

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07cv1610

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

/s/ Brian M. Boynton (as authorized on Nov. 30, 2009) Brian M. Boynton Attorneys for Defendant THE CALIFORNA TABLE GRAPE COMMISSION

TONY WEST Assistant Attorney General JOHN J. FARGO Director LAWRENCE G. BROWN Acting United States Attorney /s/Susan L. C. Mitchell SUSAN L. C. MITCHELL Attorney Civil Division Department of Justice Washington, D. C. 20530 E-mail: [e-mail] Telephone: [phone] Facsimile: [phone] Attorneys for Defendants THE UNITED STATES OF AMERICA, THE UNITED STATESDEPARTMENT OF AGRICULTURE, AND TOM VILSACK

IT IS SO ORDERED. December 7, 2009 /s/ Oliver W. Wanger emm0d6UNITED STATES DISTRICT JUDGE

STIPULATION FOR A SIXTY-DAY EXTENSION FOR DEFENDANTS TO RESPOND TO SECOND AMENDED COMPLAINT

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07cv1610