CytoSport, Inc. v. Select Milk Producers, Inc. et al

Filing 50

STIPULATION and ORDER 47 signed by Magistrate Judge John F. Moulds on 11/9/12 ORDERING the hearing date for 42 Motion for Protective Order is reset for 12/6/2012 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. Defendants' reply to plaintiff's opposition to defendants' motion for protective order is now due on 11/22/12. (Matson, R)

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GLENN W. PETERSON, ESQ. (SBN 126173)
MILLSTONE, PETERSON & WATTS, LLP
Attorneys at Law
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone: [phone]; Fax No: [phone]

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PETER M. DE JONGE, ESQ. (Utah SBN 7185/ADMITTED PRO HAC VICE)
JED H. HANSEN, ESQ. (Utah SBN 10679/ADMITTED PRO HAC VICE)
THORPE NORTH & WESTERN, LLP
8180 South 700 East, Suite 350
Sandy, UT 84070
Telephone: [phone]; Fax No: [phone]

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Attorneys for Plaintiff/Counter Defendant CytoSport, Inc.

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PETER R. SILVERMAN, ESQ.
SCHUMAKER, LOOP & KENDRICK, LLP
1000 Jackson Street
Toledo, OH 43604-5573
Telephone: [phone]; Facsimile: [phone]

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SUSAN L. SCHOENIG, ESQ. (SBN 91048)
BEST BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Telephone: [phone]; Fax No: [phone]
Attorney for Defendants/Counterclaimants
Select Milk Producers, Inc., Fair Oaks Farms Brands, Inc.,
and Athlete's Honey Milk, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYTOSPORT, INC., a California
corporation,
Plaintiff,

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vs.
SELECT MILK PRODUCERS, INC., a New
Mexico corporation; and ATHLETE'S
HONEY MILK, LLC, a Delaware limited
liability company,
Defendants.

Case No.: 2:11-cv-01705-MCE-JFM
STIPULATION AND ORDER TO
CONTINUE THE HEARING DATE AND
TIME FOR DEFENDANTS' MOTION
FOR PROTECTIVE ORDER AND REPLY
DUE DATE
[LOCAL RULE 230(f)]
Date: November 15, 2012
Time: 11:00 a.m.
Magistrate John F. Moulds, 8th Floor

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Complaint Filed: June 23, 2011
Trial Date:
February 24, 2014
STIPULATION AND ORDER TO CONTINUE THE HEARING DATE AND TIME FOR
DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND REPLY DUE DATE

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SELECT MILK PRODUCERS, INC., a New
Mexico corporation; and FAIR OAKS
FARMS BRANDS, INC., a Delaware limited
liability company,

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Counterclaimants,

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vs.

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CYTOSPORT, INC., a California
corporation,
Counter Defendant.

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Pursuant to Local Rule 230(f), Plaintiff/Counter Defendant CytoSport, Inc. (hereinafter

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"Plaintiff") and Defendants/Counterclaimants Select Milk Producers, Inc., Fair Oaks Farms Brands,

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Inc., and Athlete's Honey Milk, LLC ("Defendants"), hereby apply upon stipulation for an order

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allowing for Defendants' hearing on motion for protective order (currently set for November 15,

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2012) be continued to December 6, 2012, so that Defendants' motion for protective order can be

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heard at the same time as Plaintiff's motion to compel (currently set for December 6, 2012).

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The parties also stipulate that Defendants' reply to Plaintiff's opposition to Defendants'

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motion for protective order will be due on November 22, 2012 (the same date Defendants'

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opposition to Plaintiff's motion to compel is due).

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The motion for protective order has not been previously continued. The parties hereby

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stipulate to the entry of an Order continuing the hearing date and time of Defendants' motion for

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protective order to be heard with Plaintiff's motion to compel currently set for December 6, 2012 and

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STIPULATION AND ORDER TO CONTINUE THE HEARING DATE AND TIME FOR
DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND RELY DUE DATE

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Defendants' reply to Plaintiff's opposition to Defendants' motion for protective order is now due on

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November 22, 2012. The parties respectfully request the Court enter the Order.

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IT IS SO STIPULATED.

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Peter M. De Jonge (Admitted Pro Hac Vice)
Jed H. Hansen (Admitted Pro Hac Vice)
THORPE NORTH & WESTERN, LLP

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-andDATED: November 6, 2012

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MILLSTONE, PETERSON & WATTS, LLP
Attorneys at Law

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By:

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/S/ GLENN W. PETERSON
GLENN W. PETERSON

Attorneys for Plaintiff/Counter Defendant
CytoSport, Inc.

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
"conformed" signature (/s/) within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP /s/ Glenn W. Peterson

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DATED: November 6, 2012

BEST BEST & KRIEGER LLP

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-and-

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SHUMAKER, LOOP & KENDRICK, LLP

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By:
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/S/ PETER R. SILVERMAN
(As Authorized on 11/06/12)
PETER R. SILVERMAN

Attorneys for Defendants/Counterclaimants
Select Milk Producers, Inc., Fair Oaks Farms
Brands, Inc., and Athlete's Honey Milk, LLC

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STIPULATION AND ORDER TO CONTINUE THE HEARING DATE AND TIME FOR
DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND RELY DUE DATE

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ORDER

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Based upon the foregoing stipulation, and good cause appearing, Defendants' Motion for

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Protective Order (Doc Nos. 42, 42-1) in this matter is continued to December 6, 2012 at 11:00 a.m.

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and Defendants' reply to Plaintiff's opposition to Defendants' motion for protective order is now due

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on November 22, 2012.

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IT IS SO ORDERED.

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Date: 11/9/2012

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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/014;cyto1705.stip

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STIPULATION AND ORDER TO CONTINUE THE HEARING DATE AND TIME FOR
DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND RELY DUE DATE