CHURCH & DWIGHT CO., INC. v. MAYER LABORATORIES, INC.

Filing 264

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

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(Docket No. 239) shall be withdrawn by Mayer and dismissed with prejudice and with each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: [phone]
F: [phone]

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: [phone]
F: [phone]

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.

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THE HONORABLE JACQUELINE SCOTT CORLEY

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Dated:

UNIT
ED

S

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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