Morning Star Packing Company, et al v. SK Foods, et al

Filing 107

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/26/10: dfts shall agree to accept service of process including the summons and first amended complaint in this matter through their respective counsel of record with an effective date of such service being 6/7/10; dfts shall file and serve a response to the first amended complaint on or before 8/9/10; and to the extent that one or more dfts responds to the first amended complaint by filing a motion under Rule 12 of the FRCP, the hearing of such motion shall be set for a hearing date sufficient to allow pltfs no less than 45 days in which to file an opposition to such motion(s). (Carlos, K)

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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 Dale C. Campbell, State Bar No. 99173 James Kachmar, State Bar No. 216781 WEINTRAUB GENSHLEA CHEDIAK Law Corporation 400 Capitol Mall, 11th Floor Sacramento, California 95814 (916) 558-6000 Main (916) 446-1611 Facsimile Attorneys for Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, California Fruit & Tomato Kitchens, LLC, and The Morning Star Company UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA THE MORNING STAR PACKING COMPANY, a California limited partnership; LIBERTY PACKING COMPANY, LLC, a California limited liability company; CALIFORNIA FRUIT & TOMATO KITCHENS, LLC, a California limited liability company; and THE MORNING STAR COMPANY, a California corporation, Plaintiffs, vs. SK FOODS, L.P., a California limited partnership; SCOTT SALYER, an individual; RANDALL RAHAL, an individual; INTRAMARK USA, INC., a New Jersey corporation; INGOMAR PACKING COMPANY, LLC, a California limited liability compnay; GREG PRUETT, an individual; LOS GATOS TOMATOR PRODUCTS; STUART WOOLF, an individual; ALAN HUEY, an individual; and DOES 1 through 50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:09-CV-00208 MCE-EFB STIPULATION RE ACCEPTANCE OF SERVICE AND EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT; ORDER {1211421.DOC;} 1 Stip. and [Proposed] Order re: Acceptance of Service and Ext. of Time to Respond to First Amended Cmplt. PDF created with pdfFactory trial version www.pdffactory.com 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 Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, California Fruit and Tomato Kitchens, LLC and The Morning Star Company (collectively, "Plaintiffs") and defendants Ingomar Packing Company, LLC, Greg Pruett, Los Gatos Tomato Products, and Stuart Woolf ("Defendants"), by and through their respective counsel of record, hereby submit the following stipulation and proposed order pursuant to Local Rule 6-144(a). WHEREAS, Plaintiffs filed a first amended complaint in the above-captioned case on January 29, 2010; WHEREAS, on or about March 12, 2010, counsel for Plaintiffs sent a copy of the first amended complaint to counsel for each of the Defendants and requested that each counsel accept service on behalf of their respective clients; WHEREAS, following receipt of the March 10, 2010 letter from Plaintiffs' counsel, counsel for Plaintiffs and Defendants engaged in informal discussions to resolve the claims asserted by Plaintiffs against Defendants in the first amended complaint; WHEREAS, counsel for the parties have concluded that Plaintiffs claims against Defendants cannot be resolved as of this time and counsel for the Defendants have agreed to accept service of the first amended complaint and summons on behalf of each of their respective clients with an effective service date of June 7, 2010; WHEREAS, the parties anticipate that one or more of the Defendants may file a motion under Rule 12 of the Federal Rules of Civil Procedure in response to the first amended complaint; WHEREAS, counsel for the parties have agreed to extend the time for the Defendants to respond to the first amended complaint and, in the event that any response is by way of a Rule 12 motion, that Plaintiffs shall have additional time in which to file an opposition to such motion(s); and WHEREAS, this is the first extension of time to respond to the first amended {1211421.DOC;} 2 Stip. and [Proposed] Order re: Acceptance of Service and Ext. of Time to Respond to First Amended Cmplt. PDF created with pdfFactory trial version www.pdffactory.com 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 complaint agreed to by Plaintiffs and Defendants in this matter. THEREFORE, Plaintiffs and Defendants, by and through their respective counsel of record, hereby stipulate as follows: 1. Defendants shall agree to accept service of process including the summons and first amended complaint in this matter through their respective counsel of record with an effective date of such service being June 7, 2010; 2. Defendants shall file and serve a response to the first amended complaint on or before August 9, 2010; and 3. To the extent that one or more Defendants responds to the first amended complaint by filing a motion under Rule 12 of the FRCP, the hearing of such motion shall be set for a hearing date sufficient to allow Plaintiffs no less than 45 days in which to file an opposition to such motion(s). IT IS SO STIPULATED. Dated: July 22, 2010 WEINTRAUB GENSHLEA CHEDIAK Law Corporation By: /s/ - James Kachmar James Kachmar Attorneys for Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, Fruit & Tomato Kitchens, LLC, and The Morning Star Company California Dated: July 22, 2010 BINGHAM McCUTCHEN By: /s/ - Stephen Zovickian Stephen Zovickian Attorneys for Defendant Packing Company Ingomar Dated: July 22, 2010 RAMSEY & EHRLICH, LLP By: /s/ - Miles Ehrlich Stip. and [Proposed] Order re: Acceptance of Service and Ext. of Time to Respond to First Amended Cmplt. {1211421.DOC;} 3 PDF created with pdfFactory trial version www.pdffactory.com 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 {1211421.DOC;} Miles Ehrlich Attorneys for Defendant Greg Pruett Dated: July 22, 2010 GIBSON, DUNN & CRUTCHER By: /s/ - George A. Nicoud III George A. Nicoud III Attorneys for Defendant Los Gatos Tomato Products Dated: July 22, 2010 COLETT, ERICKSON, FARMER & O'NEILL, LLP By: /s/ - William S. Farmer Williams S. Farmer Attorneys for Defendant Stuart Woolf ORDER IT IS SO ORDERED. Dated: July 26, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 4 Stip. and [Proposed] Order re: Acceptance of Service and Ext. of Time to Respond to First Amended Cmplt. PDF created with pdfFactory trial version www.pdffactory.com

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