Zeisel v. Diamond Foods, Inc.

Filing 196

ORDER GRANTING 195 NOTICE OF WITHDRAWAL OF THE DECLARATION OF SARAH ROLLER IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT, AND THE EXHIBITS THERE TO, EXCERPTS OF AND EXHIBIT I TO THE DECLAR ATION OF JEFFREY S. BOSLEY IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT, AND PORTIONS OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNA TIVE, FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge JEFFREY S. WHITE on 10/19/11. (jjoS, COURT STAFF) (Filed on 10/19/2011)

Case3:10-cv-01192-JSW Document195

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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Filed10/18/11 Page1 of 2

Jeffrey J. Lederman (SBN: 104622)
[e-mail]
Jeffrey S. Bosley (SBN: 167629)
[e-mail]
Amanda L. Groves (SBN: 187216)
[e-mail]
Lindsay C. Llewellyn (SBN: 257936)
[e-mail]
Sean D. Meenan (SBN: 260466)
[e-mail]
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
DIAMOND FOODS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELLIOT ZEISEL, on behalf of himself and all )
others similarly situated,
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Plaintiffs,
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v.
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DIAMOND FOODS, INC., a Delaware
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corporation,
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Defendant.
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Case No. 3:10-cv-01192 JSW (EDL)
ORDER RE
DEFENDANT DIAMOND FOODS, INC.’S
NOTICE OF WITHDRAWAL OF THE
DECLARATION OF SARAH ROLLER IN
SUPPORT OF DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, FOR PARTIAL
SUMMARY JUDGMENT, AND THE
EXHIBITS THERETO, EXCERPTS OF
AND EXHIBIT I TO THE DECLARATION
OF JEFFREY S. BOSLEY IN SUPPORT OF
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, FOR PARTIAL
SUMMARY JUDGMENT, AND PORTIONS
OF DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, FOR PARTIAL
SUMMARY JUDGMENT
Date: March 2, 2012
Time: 9:00 a.m.
Place: Courtroom 11, Nineteenth Floor
Judge: Honorable Jeffrey S. White
Date Complaint Filed: March 22, 2010

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DIAMOND’S NOTICE OF WITHDRAWAL OF THE DECLARATION OF SARAH ROLLER ISO MSJ, AND THE EXHIBITS THERETO,
EXCERPTS OF AND EXHIBIT I TO THE DECLARATION OF JEFFREY S. BOSLEY ISO MSJ, AND PORTIONS OF THE MSJ
CASE NO. 3:10-CV-01192 JSW (EDL)

Case3:10-cv-01192-JSW Document195

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Filed10/18/11 Page2 of 2

TO THE COURT, PLAINTIFF, AND HIS ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that in accordance with this Court’s October 11, 2011 Order

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Denying Administrative Motion to Seal (Docket Entry (“DE”) 192), Diamond Foods, Inc.

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withdraws, without prejudice, the following: (1) the Declaration of Sarah Roller in Support of

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Defendant’s Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment

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(“Roller Declaration”) (DE 188), and all exhibits thereto; (2) paragraphs 10 through 12 and Exhibit I

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of the Declaration of Jeffrey S. Bosley in Support of Defendant’s Motion for Summary Judgment, or

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in the Alternative, for Partial Summary Judgment (“Bosley Declaration”) (DE 187); and (3) the

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following portions of Defendant Diamond Foods, Inc.’s Motion for Summary Judgment, or in the

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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Alternative, for Partial Summary Judgment (“Motion for Summary Judgment”) (DE 186): (a) Page

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1, line 28, all of the words after “In 2001,” through the end of the line; (b) Page 2, all of lines 1-2;

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and (c) Page 2, line 3, all of the words before “(Declaration . . ..” Because Diamond is withdrawing

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the information listed above, it requests that this information not be publicly filed with the Court.

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Dated: October 18, 2011

WINSTON & STRAWN LLP

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/s/ Jeffrey J. Lederman
Jeffrey S. Bosley
Jeffrey J. Lederman
Amanda L. Groves
Attorneys for Defendant
DIAMOND FOODS, INC
PURSUANT TO DIAMOND'S NOTICE, THE REDACTED VERSION OF
THE MOTION FOR SUMMARY JUDGMENT AND THE BOSLEY
DECLARATION SHALL BE DEEMED TO BE THE ORIGINALS OF
DIAMOND'S MOTION FOR SUMMARY JUDGMENT. DIAMOND SHALL
MAKE ARRANGEMENTS WITH THE COURT'S DOCKETING CLERK,
HILARY JACKSON, TO RETRIEVE THE DOCUMENTS THAT HAVE
BEEN WITHDRAWN.

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October 19, 2011

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By:

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DIAMOND’S NOTICE OF WITHDRAWAL OF THE DECLARATION OF SARAH ROLLER ISO MSJ, AND THE EXHIBITS THERETO,
EXCERPTS OF AND EXHIBIT I TO THE DECLARATION OF JEFFREY S. BOSLEY ISO MSJ, AND PORTIONS OF THE MSJ
CASE NO. 3:10-CV-01192 JSW (EDL)