Land O'Lakes, Inc. v. DairyAmerica, Inc. et al

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Michael J. Seng on 4/18/2016. (Lundstrom, T)

1 Allison A. Davis (State Bar No. 139203)
Deborah A. Adler (State Bar No. 209525)
2 Kelly M. Gorton (State Bar No. 300978)
DAVIS WRIGHT TREMAINE LLP
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505 Montgomery Street, Suite 800
4 San Francisco, California 94111
Telephone:
[phone]
5 Facsimile:
[phone]
Email:
[e-mail]
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[e-mail]
[e-mail]
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8 Charles M. English, pro hac vice
DAVIS WRIGHT TREMAINE LLP
9 1919 Pennsylvania Avenue, N.W., Suite 800
Washington, D.C. 20006-3402
10 Telephone: [phone]
11 Facsimile: [phone]
Email:
[e-mail]
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Attorneys for Defendant DairyAmerica, Inc.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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LAND O’LAKES, INC.,

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Plaintiff,

CASE NO. 1:15-cv-01937-DAD-MJS
STIPULATION AND ORDER

v.
(MODIFIED)_______________

DAIRYAMERICA, INC.; SILLIKER, INC.;
20 and DOES 1 through 50, inclusive,
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Defendants.

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11990015.3

Pursuant to Rule 6-144(a) of the General Local Rules of the above Court, Plaintiff, LAND
O’LAKES, INC. (“LOL” or “Plaintiff”), and Defendants DAIRYAMERICA, INC.
STIPULATION AND PROPOSED ORDER
Case No.: 1:15-cv-01937--MJS
86336423.1 0039116-00126

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(“DairyAmerica”) and SILLIKER, INC. (“Silliker”) (together, “Defendants”), by and through
their respective attorneys of record, (collectively the “Parties”) hereby stipulate to the following:

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RECITALS

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Whereas the Parties wish to coordinate their filing and hearing dates in relation to
Defendants’ Motions to Dismiss in order to efficiently manage the Court’s and Counsels’
resources;

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Whereas, Plaintiff served its First Amended Complaint on DairyAmerica and Silliker on
March 21, 2016, and may want to further amend its complaint;

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Whereas, there have been no prior extensions of time granted to Defendants to respond to
Plaintiff’s First Amended Complaint, which may include a joint or individual motions to dismiss;

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Whereas the Parties wish to extend the time for Defendants to file a responsive pleading
due to continuing negotiations among the Parties towards a resolution of this matter;

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Whereas Plaintiff has indicated a desire to file a single opposition to the Defendants’
Motions to Dismiss, if filed and if practical;

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Whereas the Parties wish to have Defendants’ Motions heard on the same day for the
convenience of the Court and the Parties;

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STIPULATION

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Therefore, IT IS HEREBY STIPULATED AND AGREED, by the Parties, through their
respective counsel of record, as follows:
1.

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Amended Complaint, it will do so by April 18, 2016;
2.

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Defendants’ Motions to Dismiss either joint or individually or responsive pleading to
Plaintiff’s First Amended Complaint or subsequent complaint, and all papers in

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Plaintiff may amend its complaint. If Plaintiff determines that it will file a Second

support of the same, are due filed and served on or before May 23, 2016;
3.

Plaintiff’s Opposition to Defendants’ Motion to Dismiss Plaintiff’s First Amended
Complaint or subsequent complaint, and all papers in support of the same, are due
filed and served on or before June 16, 2016;

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STIPULATION AND ORDER
Case No.: 1:15-cv-01937--MJS
86336423.1 0039116-00126

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4.

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Plaintiff’s First Amended Complaint or subsequent complaint;
5.

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additional 10 pages for its Opposition to Defendants’ Motions to Dismiss Plaintiff’s

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First Amended Complaint or subsequent complaint above the limit set by the Case

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Management Order in this matter;
6.

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Defendants’ replies in support of their Motions to Dismiss Plaintiff’s First Amended
Complaint or subsequent complaint, and all papers in support of the same, are due

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If Plaintiff elects to file a joint Opposition to Defendants’ Motions to Dismiss
Plaintiff’s First Amended Complaint or subsequent complaint, Plaintiff will have an

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Plaintiff may, if it elects, file a joint Opposition to Defendants’ Motions to Dismiss

filed and served on or before June 27, 2016;
7.

The Court to set the hearing on Defendants’ Motions to Dismiss Plaintiff’s First
Amended Complaint or subsequent complaint on the first day convenient to the
Court’s calendar after July 6, 2016.

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Dated: April 14, 2016

Respectfully submitted,

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/s/ Allison A. Davis

/s/_Seth D. Hilton_________

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Allison A. Davis #139203
17 Deborah A. Adler # 209525
Kelly M. Gorton # 300978
18 DAVIS WRIGHT TREMAINE
505 Montgomery Street, Suite 800
19 San Francisco, CA 94111
Telephone: [phone]
20 Facsimile: [phone]
[e-mail]
21 [e-mail]
[e-mail]
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Charles M. English Pro Hac Vice
23 DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Ave., NW, Suite 800
24 Washington, D.C. 20006-3402
Telephone: [phone]
25 Facsimile (202 973-4499
[e-mail]
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Seth D. Hilton #181899
STOEL RIVES LLP
Three Embarcadero Center, Suite 1120
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Land O’Lakes, Inc.

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STIPULATION AND ORDER
Case No.: 1:15-cv-01937--MJS
86336423.1 0039116-00126

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Counsel for DairyAmerica, Inc.

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/s/Francisca Mok
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Francisca Mok #206063
4 Reed Smith LLP
1901 Avenue of the Stars, Suite 700
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Los Angeles, CA 90067
6 Telephone: [phone]
Facsimile [phone]
7 [e-mail]
8 Counsel for Silliker, Inc.
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ORDER

The Courts adopts the parties’ stipulation as follows:
1. Plaintiff is granted leave to file a Second Amended Complaint. If Plaintiff determines that
it will file a Second Amended Complaint, it will do so by April 18, 2016;
2. Defendants’ Motions to Dismiss either joint or individually or responsive pleading to
Plaintiff’s First Amended Complaint or subsequent complaint, and all papers in support of
the same, are due filed and served on or before May 23, 2016;
3. Plaintiff’s Opposition to Defendants’ Motion to Dismiss Plaintiff’s First Amended
Complaint or subsequent complaint, and all papers in support of the same, are due to be
filed and served on or before June 16, 2016;
4. Plaintiff may, if it elects, file a joint Opposition to Defendants’ Motions to Dismiss
Plaintiff’s First Amended Complaint if filed;
5. If Plaintiff elects to file a joint Opposition to Defendants’ Motions to Dismiss Plaintiff’s
First Amended Complaint or subsequent complaint, Plaintiff will have an additional 10
pages for its Opposition to Defendants’ Motions to Dismiss Plaintiff’s First Amended
Complaint or subsequent complaint above the limit set by the Case Management Order in
this matter IF PERMISSION TO DO SO IS GRANTED BY THE DISTRICY
JUDGE;
6. Defendants’ replies in support of their Motions to Dismiss Plaintiff’s First Amended
Complaint or subsequent complaint, and all papers in support of the same, are due filed

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STIPULATION AND ORDER
Case No.: 1:15-cv-01937--MJS
86336423.1 0039116-00126

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and served on or before June 27, 2016;
7. The Court will set any hearing on Defendants’ Motions to Dismiss Plaintiff’s First
Amended Complaint or subsequent complaint on the first day convenient to the Court’s
calendar after July 6, 2016.

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Dated:

April 18, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER
Case No.: 1:15-cv-01937--MJS
86336423.1 0039116-00126

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