Food Market Merchandising, Inc. v. California Milk Processor Board

Filing 44

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/24/15. The hearing as to the 38 and 41 Motions to Dismiss is reset for 10/8/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Manzer, C)

KNOX, LEMMON & ANAPOLSKY, LLP
1 THOMAS S. KNOX (SBN 73384)
STEPHEN J. BYERS (SBN 245607)
2 300 Capitol Mall, Suite 1125
Sacramento, CA 95814
3 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant/Counterclaimant CALIFORNIA
5 MILK PROCESSOR BOARD
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UNITED STATES DISTRICT COURT
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TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

EASTERN DISTRICT OF CALIFORNIA
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10 FOOD MARKET MERCHANDISING, INC.,
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Plaintiff,

12 v.
13 CALIFORNIA MILK PROCESSOR
BOARD,
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CASE NO. 2:15-cv-01083-TLN-CKD
STIPULATION TO CONTINUE
HEARINGS ON MOTIONS TO DISMISS
FIRST AMENDED ANSWER AND
COUNTERCLAIMS OF CALIFORNIA
MILK PROCESSOR BOARD

Defendant.

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CALIFORNIA MILK PROCESSOR BOARD,

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Counterclaimant,

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v.
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FOOD MARKET MERCHANDISING, INC.;
21 MAGIC
STRAWS,
LLC;
REACH
COMPANIES, LLC; and JON TOLLEFSON
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Counterdefendants.
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STIPULATION TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED ANSWER
AND COUNTERCLAIMS OF CALIFORNIA MILK PROCESSOR BOARD

INTRODUCTION

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Pursuant to Rule 230(f) of the Local Rules of the United States District Court for the Eastern

3 District of California, Plaintiff/Counterdefendant FOOD MARKET MERCHANDISING, INC.,

5 (collectively, “Counterdefendants”), and Defendant/Counterclaimant CALIFORNIA MILK
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PROCESSOR BOARD, an instrumentality existing under the laws of the State of California and the
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regulations promulgated by the California Department of Food and Agriculture (“CMPB”)
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(collectively, the “Parties”) would like to continue the hearings on (1) the Motion of Counterdefendant
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TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

4 Counterdefendants MAGIC STRAWS, LLC, REACH COMPANIES, LLC, JON TOLLEFSON

10 Magic Straws, LLC to Dismiss California Milk Processor Board’s Counterclaims and (2) the Motion of
11 Counterdefendants Food Market Merchandising, Inc., Reach Companies, LLC, and Jon Tollefson to
12 Dismiss California Milk Processor Board’s Counterclaims. Both Motions are presently set for
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September 24, 2015. The Parties would like to continue both Motions to October 8, 2015, in
Courtroom 2, 15th floor, of the United States District Court for the Eastern District of California.

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The Parties believe these continuances are necessary to give CMPB sufficient time to complete

17 its draft Second Amended Answer and Counterclaims to address the alleged deficiencies raised by both
18 Motions to Dismiss and to thereafter give Counterdefendants sufficient time to review the draft Second
19 Amended Answer and Counterclaims before deciding whether to stipulate to allow CMPB to file its
20 Second Amended Answer and Counterclaims subject to the Counterdefendants’ reservation of rights to
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file a motion to dismiss all or part of the Second Amended Counterclaim.

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.
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STIPULATION TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED ANSWER
AND COUNTERCLAIMS OF CALIFORNIA MILK PROCESSOR BOARD

STIPULATION

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The parties, by and through their attorneys of record, hereby stipulate that the hearings on (1)

3 the Motion of Counterdefendant Magic Straws, LLC to Dismiss California Milk Processor Board’s
4 Counterclaims and (2) the Motion of Counterdefendants Food Market Merchandising, Inc., Reach

9 Dated: August 18, 2015
TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

5 Companies, LLC, and Jon Tollefson to Dismiss California Milk Processor Board’s Counterclaims,
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presently set for September 24, 2015, be continued to October 8, 2015, in Courtroom 2, 15th floor, of
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the United States District Court for the Eastern District of California.
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KNOX, LEMMON & ANAPOLSKY, LLP
By: /s/
STEPHEN J. BYERS, Attorneys for
CALIFORNIA MILK PROCESSOR BOARD

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12
13 Dated: August 18, 2015
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PETER E. GLICK, ATTORNEY AT LAW
By: /s/ (as authorized on 8/18/15)
PETER E. GLICK, Attorney for
Magic Straws, LLC

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17 Dated: August 18, 2015
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WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN Law Corporation
By: /s/ (as authorized on 8/18/15)
DALE C. CAMPBELL, Attorneys for Food
Market Merchandising, Inc., Reach Companies,
LLC and Jon Tollefson

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STIPULATION TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED ANSWER
AND COUNTERCLAIMS OF CALIFORNIA MILK PROCESSOR BOARD

ORDER

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Upon consideration of the Parties’ “Stipulation to Continue Hearings on Motions to Dismiss

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First Amended Answer and Counterclaims of California Milk Processor Board” and finding that good

5 cause is shown, it is hereby ORDERED that the Parties’ request is GRANTED.
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It is further ORDERED that the hearings on (1) the Motion of Counterdefendant Magic Straws,

7 LLC to Dismiss California Milk Processor Board’s Counterclaims and (2) the Motion of

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TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

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Counterdefendants Food Market Merchandising, Inc., Reach Companies, LLC, and Jon Tollefson to
Dismiss California Milk Processor Board’s Counterclaims, presently set for September 24, 2015, are

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continued to October 8, 2015, in Courtroom 2, 15th floor, of the United States District Court for the
Eastern District of California.
IT IS SO ORDERED.

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15 Dated: August 24, 2015
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Troy L. Nunley
United States District Judge

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STIPULATION TO CONTINUE HEARINGS ON MOTIONS TO DISMISS FIRST AMENDED ANSWER
AND COUNTERCLAIMS OF CALIFORNIA MILK PROCESSOR BOARD