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

Filing 61

ORDER GRANTING REQUEST FOR EXTENSION TO FILE DISPOSITIVE DOCUMENTS FOR DISMISSAL OF ACTION PURSUANT TO SETTLEMENT, signed by Magistrate Judge Michael J. Seng on 1/19/2018. (Kusamura, W)

1 Francisca M. Mok (SBN 206063)
[e-mail]
2 Kasey J. Curtis (SBN 268173)
[e-mail]
3 REED SMITH LLP
1901 Avenue of the Stars
4 Suite 700
Los Angeles, CA 90067-6078
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant Silliker, Inc.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:15-CV-01937-DAD-MJS

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 LAND O’LAKES, INC.,
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REQUEST FOR EXTENSION TO FILE
DISPOSITIVE DOCUMENTS FOR
DISMISSAL OF ACTION PURSUANT TO
SETTLEMENT

Plaintiff,
v.

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DAIRYAMERICA, INC., SILLIKER, INC., and
14 DOES 1 through 50, inclusive,
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Judge: Hon. Dale A. Drozd
Complaint Filed: Dec. 30, 2015
FAC Filed: March 16, 2016
SAC Filed: April 18, 2016

Defendants.
AND RELATED CROSS-CLAIMS

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REQUEST FOR EXTENSION TO FILE DISPOSITIVE
DOCUMENTS FOR DISMISSAL
OF ACTION PURSUANT TO SETTLEMENT

CASE NO: 1:15-CV-01937-DAD-MJS

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TO THE HONORABLE COURT:

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On December 19, 2017, pursuant to Local Rule 160, Plaintiff Land O’Lakes, Inc. and

3 Defendants, Cross-Complainants and Cross-Defendants DairyAmerica, Inc. and Silliker, Inc.
4 (collectively “the Parties”) advised the Court that following a mediation held on December 15, 2017
5 they reached an agreement to resolve the above-referenced matter in its entirety [Docket #58]. The
6 Court then issued an order [Docket #59] calling for case dispositive documents to be filed within
7 thirty (30) days, i.e., by January 18, 2018. The Parties have since finalized and executed a formal
8 settlement agreement as of January 16, 2018. The Parties request, and there is good cause, to extend
9 the time to file a Stipulation of Dismissal of the Action in its entirety, including all cross-claims,

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 with prejudice, until February 23, 2018. Such additional time is required for a Party to carry out an
11 agreed-to act that is a prerequisite to the filing of the Request for Dismissal, according to both the
12 mediation term sheet agreed to on December 15, 2017 and the now-executed settlement agreement.
13 The requested extension to file case dispositive documents will facilitate the final resolution and
14 dismissal of the matter in accordance with the terms and timing agreed to by the Parties in the
15 executed settlement agreement.
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IT IS SO STIPULATED.

17 DATED: January 18, 2018

STOEL RIVES LLP

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By:

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/s/ Seth D. Hilton
SETH D. HILTON
Attorneys for Plaintiff
LAND O’LAKES, INC.

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DATED: January 18, 2018

REED SMITH LLP

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By:

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/s/ Francisca M. Mok
FRANCISCA M. MOK
Attorneys for Defendant
SILLIKER, INC.

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REQUEST FOR EXTENSION TO FILE DISPOSITIVE
DOCUMENTS FOR DISMISSAL
OF ACTION PURSUANT TO SETTLEMENT

CASE NO: 1:15-CV-01937-DAD-MJS

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2 DATED: January 18, 2018

DUANE MORRIS LLP

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By:

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/s/ Justin J. Fields
JUSTIN J. FIELDS
Attorneys for Defendant
DAIRYAMERICA, INC.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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REQUEST FOR EXTENSION TO FILE DISPOSITIVE
DOCUMENTS FOR DISMISSAL
OF ACTION PURSUANT TO SETTLEMENT

CASE NO: 1:15-CV-01937-DAD-MJS

ORDER

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Good cause appearing, the Parties shall have up to and including February 23, 2018 to file a

3 Stipulation of Dismissal of the action in its entirety, including all cross-claims, with prejudice.
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IT IS SO ORDERED.
Dated:

January 18, 2018

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/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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REQUEST FOR EXTENSION TO FILE DISPOSITIVE
DOCUMENTS FOR DISMISSAL
OF ACTION PURSUANT TO SETTLEMENT

CASE NO: 1:15-CV-01937-DAD-MJS