Vital Distributions, LLC v. Pepperidge Farm, Inc.

Filing 89

ORDER signed by Senior District Judge Morrison C. England, Jr. on 03/26/24 GRANTING 86 Request and EXCUSING Melissa Rae Ginsberg, counsel for Defendant Pepperidge Farm, Incorporated, from appearing at the 03/28/24, hearing on Plaintiff's Motion for Preliminary Injunction. (Benson, A.)

1 J. Noah Hagey, Esq. (SBN: 262331)
[e-mail]
2 Andrew Levine, Esq. (SBN: 278246)
[e-mail]
3 BRAUNHAGEY & BORDEN LLP
351 California Street, 10th Floor
4 San Francisco, CA 94104
Telephone: [phone]
5 Facsimile: [phone]
6 Melissa Ginsberg, Esq. (Pro Hac Vice)
[e-mail]
7 Hannah Dwyer, Esq. (Pro Hac Vice)
[e-mail]
8 BRAUNHAGEY & BORDEN LLP
118 W 22nd Street, 12th Floor
9 New York, NY 10011
Telephone: [phone]
10 Facsimile: [phone]
11 ATTORNEYS FOR DEFENDANT
PEPPERIDGE FARM, INCORPORATED
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Case No: 2:22-cv-00319-MCE-CKD

18 VITAL DISTRIBUTIONS, LLC, a California
limited liability company,
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Plaintiff,
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v.
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PEPPERIDGE FARM, INCORPORATED, a
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REQUEST FOR RELIEF FROM
COURT’S MARCH 22, 2024 ORDER
(ECF NO. 82) AND ORDER

Defendant.

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Case No. 2:22-cv-00319-MCE-CKD
REQUEST FOR RELIEF FROM COURT’S ORDER AND ORDER

Defendant Pepperidge Farm, Incorporated (“Defendant” or “Pepperidge Farm”) respectfully

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2 requests that the attorney of record for Defendant, Melissa Rae Ginsberg, be excused from the
3 Court’s March 22, 2024 Order (ECF No. 82) directing the appearance of all counsel at the in4 person March 28, 2024 hearing (the “Hearing”).
Ms. Ginsberg is currently undergoing treatment for a serious medical condition which

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6 requires continual medical treatment, including this week, on March 25, 2024.1 She is recovering
7 from that treatment today and has been advised by her medical team not to travel long distances for
8 the next several months. All other counsel of record for Pepperidge Farm look forward to joining
9 the Court in person at the hearing.
The undersigned alerted Plaintiff’s counsel to this issue last Friday and had expected to file

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11 a joint motion stipulating to each side’s request for excusal. For avoidance of doubt, Pepperidge
12 Farm has no objection to, and supports, Plaintiff’s request filed earlier today (ECF No. 85),
13 respecting the justifiable excuse for Plaintiff’s counsel Tory Griffin.
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15 Dated: March 26, 2024

Respectfully submitted,

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BRAUNHAGEY & BORDEN LLP

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By: /s/ J. Noah Hagey
J. Noah Hagey

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Attorneys for Defendant
Pepperidge Farm, Incorporated

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Ms. Ginsberg resides in New York and her treatment will continue for the next several months.
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Case No. 2:22-cv-00319-MCE-CKD
REQUEST FOR RELIEF FROM COURT’S ORDER AND ORDER

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ORDER

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Good cause appearing, the Court hereby excuses Melissa Rae Ginsberg, counsel for

3 Defendant Pepperidge Farm, Incorporated, from appearing at the March 28, 2024 hearing on
4 Plaintiff’s Motion for a Preliminary Injunction.
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IT IS SO ORDERED.

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8 Dated: March 26, 2024
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Case No. 2:22-cv-00319-MCE-CKD
REQUEST FOR RELIEF FROM COURT’S ORDER AND ORDER