Chocoladefabriken Lindt and Sprungli Ag et al v. The Hershey Company et al

Filing 41

AMENDED PRETRIAL PREPARATION ORDER. Jury trial date: November 15, 2010. Non-expert discovery cutoff: April 12, 2010. Expert discovery: designation of experts - March 1, 2010; expert reports - March 15, 2010; rebuttal expert reports - May 10, 2010; cu toff - June 10, 2010. Deadline to file dispositive motions: July 30, 2010. Pretrial Conference: November 2, 2010 (meet and confer no later than September 24, 2010). Further Status Conference: September 10, 2010 (statement due September 3, 2010). Signed by Judge Maxine M. Chesney on October 21, 2009. (mmclc1, COURT STAFF) (Filed on 10/21/2009)

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ATON ARBISSER (State Bar No. 150496) aton@kayescho ler.com KAYE SCHOLER LLP 1999 Avenue of the Stars, Suite 1700 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] Attorneys For Defendants Counterclaim Plaint iffs THE HERSHEY COMPANY, HERSHEY CHOCOLATE & CONFECTIONARY CORPORATION JASON A. YURASEK (CA. Bar No. 202131) [e-mail] PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: [phone] Facsimile: 415.344.7050 Attorneys for Plaintiffs Counter-claim defendants CHOCOLADEFABRIKEN LINDT & SPRUNGLI AG and GHIRARDELLI CHOCOLATE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CHOCOLADEFABRIKEN LINDT & SPRUNGLI AG, et al., Plaint iffs, v. THE HERSHEY COMPANY, et al., Defendants. THE HERSHEY COMPANY, et al., Counterclaim-plaint iffs, v. CHOCOLADEFABRIKEN LINDT & SPRUNGLI AG, et al., Counterclaim-defendants. The Honorable Judge Maxine M. Chesney STIPULATION AND [PROPOSED] AMENDED PRETRIAL PREPARATION ORDER Case No. CV-08-5354 MMC

STIPULATION AND [PROPOSED] ORDER CASE NO. CV-085354-MMC

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Defendants-Counterclaim-Plaint iffs The Hershey Company and Hershey Chocolate & Confectionery Corporation (hereinafter collectively referred to as "Hershey") and PlaintiffsCounterclaim-Defendants Chocoladefabriken Lindt & Sprungli AG and Ghirardelli Chocolate Company (hereinafter collectively referred to as "Lindt") hereby stipulate as follows: WHEREAS, on September 2, 2009, the Court granted the parties' proposed order which suspended for thirty days all deadlines in the case as set forth in the Court's March 30, 2009 Pretrial Preparation Order, so that the parties could focus on settlement, and which further provided that the parties could submit a joint and stipulated case schedule on or before October 15, 2009; WHEREAS, the parties are continuing to work towards a final settlement agreement but have not executed a settlement agreement. NOW THEREFORE, the parties hereby stipulate and agree, through their counsel of record and with good cause having been shown, and respectfully request that the Court revise the dates set forth in the March 30, 2009 Pretrial Preparation Order as follows: JURY TRIAL DATE: Monday, November 15, 2010 at 9:00 a.m., Courtroom 7, 19th floor. NON-EXPERT DISCOVERY CUTOFF: April 12, 2010. DESIGNATION OF EXPERTS: Plaint iff/Defendant: No later than March 1, 2010. Plaint iff/Defendant: Expert Reports no later than March 15, 2010. Plaint iff/Defendant: Rebuttal Expert Reports no later than May 10, 2010. EXPERT DISCOVERY CUTOFF: June 10, 2010. DISPOSITIVE MOTIONS shall be filed no later than July 30, 2010, and shall be noticed for hearing 35 days thereafter. PRETRIAL CONFERENCE DATE: November 1, 2010 at 3:00 p.m. MEET AND CONFER (Civil L.R. 16-10(b)(5)): Lead trial counsel shall meet and confer no later than September 24, 2010. FURTHER STATUS CONFERENCE: Friday, September 10, 2010 at 10:30 a.m. FURTHER STATUS CONFERENCE STATEMENT DUE: Friday, September 3, 2010. -2STIPULATION AND [PROPOSED] ORDER CASE NO. CV-08-5354-MMC

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IT IS SO STIPULATED: DATED: October 15, 2009 PERKINS COIE LLP By: /s/ Jason A. Yurasek Attorneys for Plaintiffs CHOCOLADEFABRIKEN LINDT & SPRUNGLI AG and GHIRARDELLI CHOCOLATE COMPANY DATED: October 15, 2009 KAYE SCHOLER LLP By: /s/ Aton Arbisser Attorneys for Defendants THE HERSHEY COMPANY and HERSHEY CHOCOLATE & CONFECTIONERY CORPORATION

[PROPOSED] ORDER , PURSUANT TO STIPULATION, IT IS SO ORDERED. with the exception that the Pretrial Conference is set for Tuesday, November 2, 2009, at 3:00 p.m. Dated: ______________, 2009 _________________________________ October 21 Honorable Maxine M. Chesney United States District Court Judge

ATTESTATION I hereby attest that express concurrence in the filing of this document has been obtained from the other signatory whose conformed signature appears on this efiled document. DATED: October 15, 2009 PERKINS COIE LLP By: /s/ Jason A. Yurasek

64850-0002/LEGAL17145487.1

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