Ben & Jerry's Franchising, Inc. v. MPA Group, Inc., et al.

Filing 164

STIPULATION and ORDER signed by Judge John A. Mendez on 07/20/09; the date for filing dispositive motions will be extended to at least 30 days from the date of the Court's ruling on motions to dismiss and strike the answer and cross complaint; the Court shall set a specific date following the ruling. (Manzer, C)

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DLA PIPER LLP (US)
L O S ANGELES

SCOTT W. PINK (Bar No. 122383) DLA PIPER LLP (US) 400 Capitol Mall, Suite 2400 Sacramento, CA 95814-4428 Tel: [phone] Fax: [phone] BARRY M. HELLER (Admitted Pro Hac Vice) JOHN J. DWYER (Admitted Pro Hac Vice) DLA PIPER LLP (US) 1775 Wiehle Avenue, Suite 400 Reston, VA 20190-5159 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs/Cross-Defendants Ben & Jerry's Franchising, Inc. and Ben & Jerry's Homemade Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BEN & JERRY`S FRANCHISING, INC., et al., Plaintiffs, v. MPA GROUP, INC. and MEHRDAD PORGHAVAMI, et al., Defendants. MEHRDAD PORGHAVAMI, et al., Cross-Complainants, v. BEN & JERRY'S FRANCHISING INC., BEN & JERRY'S HOMEMADE INC., BEN & JERRY'S OF CALIFORNIA, INC. and WONDER ICE CREAM, LLC, Cross-Defendants. On July 17, 2009, Plaintiffs/Cross-Defendants Ben & Jerry's Homemade, Inc. and Ben & Jerry's Franchising, Inc. (collectively, "Ben & Jerry's") and Cross-Defendant Wonder Ice Cream,
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CASE NO. 2:07-CV-02599-JAM-KJM ORDER ON JOINT EX PARTE APPLICATION TO EXTEND FILING AND HEARING DATES FOR MOTIONS FOR SUMMARY JUDGMENT

[PROPOSED] ORDER ON JOINT EX PARTE APPLICATION

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DLA PIPER LLP (US)
L O S ANGELES

LLC ("Wonder") submitted a Joint Ex Parte Application to Extend Filing and Hearing Dates for Motions for Summary Judgment in this case (the "Application") The Court has considered the Application and reviewed the record in the case. Being so informed, the Court finds GOOD CAUSE and GRANTS the Application. Accordingly, IT IS ORDERED, ADJUDGED and DECREED that: The date for filing dispositive motions, including motions for summary judgment, is extended from August 5, 2009 to a date at least thirty (30) days from the date of this Court's ruling on Ben & Jerry's and Wonder's respective motions to dismiss/strike the answer and crosscomplaint of Defendant/Cross-Complainant MPA Group, Inc. for failure to notice appearance of counsel (the "Motions for Lack of Counsel"). IT IS FURTHER ORDERED that: The Court shall set a specific date by which dispositive motions, including motions for summary judgment, must be filed and a specific date on which such motions shall be heard following a ruling by the Court on the Motions for Lack of Counsel.

Dated: July 20, 2009

/s/ John A. Mendez_______ Honorable John A. Mendez

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[PROPOSED] ORDER ON JOINT EX PARTE APPLICATION

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