Filing 264

STIPULATION AND ORDER. Signed by Judge Jacqueline Scott Corley on 3/28/2012. (Corley, Jacqueline) (Filed on 3/28/2012)

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Case3:10-cv-04429-EMC Document263 Filed03/28/12 Page1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CHURCH & DWIGHT CO., INC., Plaintiff, CIVIL ACTION V. No.: CVI 0M4429 EMC MAYER LABORATORIES, INC., Defendant. STIPULATION Plaintiff Church & Dwight Co., Inc. ("Church & Dwight") and Defendant Mayer Laboratories, Inc. ("Mayer") hereby stipulate and agree as follows: 1. Mayer's pending Motion for Sanctions as a Result of Spoliation of Evidence (Docket No. 239) shall be withdrawn by Mayer and dismissed with prejudice and with each party to bear its own costs and attorneys' fees, and Mayer states as follows: a. Of the thousands of emails sent or received by James Craigie that were produced by Church & Dwight in this litigation, not one was cited, referenced or included with the summary judgment papers filed by the parties or referenced at oral argument on the summary judgment motion. b. In turn, Mayer did not identify in its summary judgment papers any specific emails deleted by Mr. Craigie that were relevant to the issues before Judge Chen in the determination of summary judgment and the Court's resulting Order. Case3:10-cv-04429-EMC Document263 Filed03/28/12 Page2 of 2 IT IS SO STIPULATED. Date: March 28, 2012 Respectfully submitted, /s! Neil S. Cartusciello (pro Neil S. Cartusciello hoc) CARTUSCIELLO & ASSOCIATES, P.C. 104 Mountainside Road Mendham, NJ 07945 T: (973) 543-8204 F: (973) 543-8201 Is! Carl W. Hittinger Carl W. Hittinger(pro hoc) (pro Lesli C. Esposito hac) Jarod M. Bona (CA 234327) DLA PIPER LLP (US) 1650 Market Street, Suite 4900 Philadelphia, PA 19103 T: (215) 656-2449 F: (215) 606-2149 Paul F. Novak(pro hac) Gary S. Snitow(pro hoc) (pro Attorneys for Plaintiff ChurchDwight Co., Peter Safirstein hoc) & Peggy Wedgworth (pro hoc) Inc. MILBERG LLP One Kennedy Square 777 Woodward Ave, Suite 890 Detroit, Michigan 4822 for Attorneys Defendant Mayer Laboratories, Inc. eline S ge J a c qu R NIA VED APPRO NO H ER 2 rley LI RT Jud c ot t C o FO THE HONORABLE JACQUELINE SCOTT CORLEY A Dated: UNIT ED S PURSUANT TO STIPULATION, IT IS SO ORDERED. RT U O S DISTRICT TE C TA N F D IS T IC T O R C

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