California Natural Products v. Living Harvest Conscious Nutrition, et al

Filing 24

STIPULATION and ORDER 23 for Extension of Time signed by Senior Judge Lawrence K. Karlton on 8/31/2009. Defendants' answer or responsive pleading to plaintiff's First Amended Complaint shall be due 10 days from date US District Court - District of Oregon issues its Order on CNP's Motion to Dismiss, or in the alternative, to Transfer to Oregon action. (Marciel, M)

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SEYFARTH SHAW LLP Kurt A. Kappes (SBN 146384) James D. McNairy (SBN 230903) 400 Capitol Mall, Suite 2350 Sacramento, California 95814-4428 Telephone: [phone] Facsimile: [phone] SEYFARTH SHAW LLP Robert B. Milligan (SBN 217348) 2029 Century Park East, Suite 3300 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] MILLER NASH LLP John F. Neupert (pro hac vice to be submitted) 3400 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, Oregon 97204-3699 Phone: [phone] Fax: [phone] Attorneys for Defendants LIVING HARVEST CONSCIOUS NUTRITION, INC. and LIVING HARVEST FOODS, INC. SHOPOFF & CAVALLO LLP Gregory S. Cavallo (SBN 173270) 44 Montgomery Street, Suite 1670 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff CALIFORNIA NATURAL PRODUCTS, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CALIFORNIA NATURAL PRODUCTS, INC., ) a California corporation, ) ) Plaintiff, ) ) v. ) ) LIVING HARVEST CONSCIOUS ) NUTRITION, INC., an Oregon corporation; ) LIVING HARVEST FOODS, INC., an Oregon ) corporation, ) ) Defendants. ) Case No. 2:09-CV-00956-LKK-GGH STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DEFENDANTS LIVING HARVEST CONSCIOUS NUTRITION, INC. AND LIVING HARVEST FOODS, INC. TO RESPOND TO FIRST AMENDED COMPLAINT [LR 6-144, 83-143]

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WHEREAS, on March 27, 2009, LIVING HARVEST FOODS, INC. ("Living Harvest") filed an action against plaintiff CALIFORNIA NATURAL PRODUCTS, INC. ("CNP") in the United States District Court, District of Oregon (the "Oregon Action"); WHEREAS, on April 8, 2009, plaintiff CNP filed this action against defendant Living Harvest and also defendant LIVING HARVEST CONSCIOUS NUTRITION, INC. (jointly referred to as "Defendants") (this action is referred to as the "California Action"); WHEREAS, on April 21, 2009, plaintiff CNP filed a Motion to Dismiss or, in the Alternative, to Transfer the Oregon Action, which has been fully briefed by all parties and is currently pending in the United States District Court, District of Oregon, before Honorable Anna J. Brown; WHEREAS, on July 6, 2009, Defendants filed a Motion to Dismiss and Alternative Motion to Transfer the California Action, which covers substantially the same jurisdictional issues as plaintiff CNP's motion currently pending before the Oregon District Court; WHEREAS, on July 21, 2009, plaintiff CNP filed a First Amended Complaint against Defendants, thereby mooting Defendants' Motion to Dismiss and Alternative Motion to Transfer, and obligating Defendants, pursuant to the Federal Rules of Civil Procedure, to file a new responsive pleading; WHEREAS, at the parties' suggestion, the Court in the California Action continued the status conference in that matter from August 31, 2009 to October 19, 2009, pending resolution of plaintiff CNP's Motion to Dismiss, or in the Alternative, to Transfer the Oregon Action; WHEREAS, the United States District Court, District of Oregon, has scheduled oral argument on plaintiff CNP's Motion to Dismiss, or in the Alternative, to Transfer the Oregon Action for September 15, 2009, and the parties expect a ruling on the motion shortly thereafter; WHEREAS, the parties agree that good cause exists to extend Defendants' time to respond to the First Amended Complaint, to allow the Oregon District Court to hear oral argument and render a decision regarding plaintiff CNP's Motion to Dismiss, or in the Alternative, to Transfer the Oregon Action;

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WHEREAS, the parties have agreed that Defendants' time to respond to the First Amended Complaint shall be extended in order to allow the Oregon District Court to decide plaintiff CNP's Motion to Dismiss or, in the Alternative, to Transfer before Defendants file and serve their responsive pleading to the First Amended Complaint. IT IS HEREBY STIPULATED: Pursuant to Rule 6-144 and Rule 83-143 of the Local Rules of Practice for the United States District Court for the Eastern District of California, plaintiff CALIFORNIA NATURAL PRODUCTS, INC. ("Plaintiff") and defendants LIVING HARVEST CONSCIOUS NUTRITION, INC. and LIVING HARVEST FOODS, INC. (jointly "Defendants"), by and through their respective counsel, hereby stipulate to an extension of time within which Defendants may answer or otherwise respond to Plaintiff's First Amended Complaint. Accordingly, as Defendants' response to Plaintiff's First Amended Complaint is presently due to be filed on or around August 31, 2009, it is hereby stipulated that such response shall be due ten (10) days from the date the United States District Court, District of Oregon issues its order on CNP's Motion to Dismiss, of in the Alternative, to Transfer the Oregon Action. /// /// /// /// /// /// /// /// /// /// /// /// ///

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Good cause exists to extend Defendants' time to respond to the First Amended Complaint, to allow the Oregon District Court to hear oral argument and render a decision regarding plaintiff CNP's Motion to Dismiss, of in the Alternative, to Transfer the Oregon Action. DATED: August 28, 2009 SEYFARTH SHAW LLP

By___/s/ Kurt A. Kappes ____________ Kurt A. Kappes Robert B. Milligan Attorneys for Defendants LIVING HARVEST CONSCIOUS NUTRITION, INC. and LIVING HARVEST FOODS, INC. DATED: August 28, 2009 SHOPOFF & CAVALLO, LLP By _/s/ Gregory S. Cavallo______________ Gregory S. Cavallo Attorneys for Plaintiff CALIFORNIA NATURAL PRODUCTS, INC. IT IS SO ORDERED: Dated: August 31, 2009

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