Edwards et al v. National Milk Producers Federation et al

Filing 29

ORDER GRANTING 18 Stipulation EXTENDING TIME TO RESPOND TO COMPLAINT Case Management Statement due by 3/30/2012. Initial Case Management Conference set for 4/6/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 10/24/11. (jjoS, COURT STAFF) (Filed on 10/24/2011)

Case3:11-cv-04766-JSW Document18

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HAGENS BERMAN SOBOL SHAPIRO LLP
Elaine T. Byszewski (SBN222304)
700 South Flower Street, Suite 2940
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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Filed10/18/11 Page1 of 6

EIMER STAHL KLEVORN & SOLBERG LLP
Nathan P. Eimer
224 South Michigan Avenue, Suite 1100
Chicago, Illinois 60604
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant Land O’ Lakes, Inc.

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BOND SCHOENECK & KING, PLLC
Edward R. Conan
One Lincoln Center
Syracuse, NY 13202-1355
Telephone: [phone]
Facsimile: [phone]
[e-mail]

WILLIAMS & CONNOLLY LLP
Steven R. Kuney
725 Twelfth Street, N.W.
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorney for Defendant Dairylea
Cooperative, Inc.

Attorney for Defendant Dairy Farmers of
America, Inc.

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[Additional Counsel listed on signature page]
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW EDWARDS, et al.,
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Plaintiffs,
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v.
NATIONAL MILK PRODUCERS
FEDERATION, et al.

CASE NO. 4:11-CV-4766 DMR
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT

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Defendants.
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Whereas, on September 26, 2011, Matthew Edwards filed his Class Action Complaint for
Violations of state antitrust statutes and the common law of unjust enrichment against the National
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
CASE NO. 4:11-CV-4766 DMR

Case3:11-cv-04766-JSW Document18

Filed10/18/11 Page2 of 6

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Milk Producers Federation, aka Cooperative Working Together, the Dairy Farmers of America, Inc.,

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Land O’ Lakes, Inc., Dairylea Cooperative Inc., and Agri-Mark, Inc.;

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Whereas Dairy Farmers of America, Inc. (“DFA”) and Land O’ Lakes, Inc. (“LOL”) were

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served with the Class Action Complaint on September 27, 2011, and Dairylea Cooperative Inc.
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(“Dairylea”) was served with the Class Action Complaint on September 27, 2011 (DFA, LOL, and
Dairylea collectively “Defendants” for purposes of this stipulation);

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Whereas the parties have conferred and jointly move the Court for an extension of

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Defendants’ time to answer or otherwise respond to Plaintiffs’ complaints in the following related

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actions: Edwards, et al. v. National Federation of Milk Producers, et al., Case No 4:10-cv-4766
(DMR) and Robb, et al v. National Milk Producers Federation, et al., Case No 3:11-cv-4791(JCS).

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Whereas Counsel for plaintiffs have advised counsel for Defendants that another related
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action will be filed with this Court by October 28, 2011, to add named plaintiffs from indirect states

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already listed in the above-referenced complaints; and the parties accordingly believe that the

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interests of judicial economy and efficiency will be served if each Defendant is permitted to answer

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or otherwise respond collectively to all of the related complaints filed in this Court.

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Whereas the parties believe that meeting and conferring regarding a discovery plan and other
case management issues would be more productive after Defendants have responded to the

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Complaint and/or after any motion practice has been resolved; and the parties accordingly believe the

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case management conference should be continued to a date on or after March 30, 2012, with the

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deadline to meet and confer pursuant to Federal Rule of Civil Procedure 26(f) (and ADR process

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selection) set for 21 days prior to the case management conference, and with the deadline for the

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parties’ Rule 26(f) report, initial disclosures, and joint case management statement set for 10 days

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prior to the conference.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
CASE NO. 4:11-CV-4766 DMR

Case3:11-cv-04766-JSW Document18

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Filed10/18/11 Page3 of 6

Defendants and Plaintiffs, through their respective Counsel, HEREBY STIPULATE AND
AGREE AS FOLLOWS:
1. Defendants deadline to respond to Plaintiffs’ complaints in the Edwards, et al. v. National

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Federation of Milk Producers, et al., Case No 4:10-cv-4766 (DMR) and Robb, et al v.
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National Milk Producers Federation, et al., Case No 3:11-cv-4791(JCS) and forthcoming

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related action: 21 days following service of last filed complaint on October 28, 2011, plus an

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additional 30 days, or by December 19, 2011.

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2. Plaintiffs’ opposition or response to Defendants’ filing: 60 days after Defendants’ filing, or

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by February 17, 2012.
3. Defendants’ reply to any opposition or response of Plaintiffs: 30 days after Plaintiffs’

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filing, or by March 19, 2012.
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4. The initial case management conference: on or after March 30, 2012, with the deadline to

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meet and confer pursuant to Federal Rule of Civil Procedure 26(f) (and ADR process

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selection) set for 21 days prior to the case management conference, and that deadline for the

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parties’ Rule 26(f) report, initial disclosures, and joint case management statement set for 10

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days prior to the conference.

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DATED: October 18, 2011

Respectfully submitted,

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HAGENS BERMAN SOBOL SHAPIRO LLP

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By:/s/ Elaine T. Byszewski
Elaine T. Byszewski
HAGENS BERMAN SOBOL SHAPIRO LLP
700 South Flower Street, Suite 2940
Los Angeles, CA 90017
Telephone [phone]
Facsimile [phone]
[e-mail]

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Steve W. Berman (pro hac vice)
George W. Sampson (pro hac vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 8TH Avenue, Suite 3300
Seattle, WA 98101
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
CASE NO. 4:11-CV-4766 DMR

Case3:11-cv-04766-JSW Document18

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Filed10/18/11 Page4 of 6

Telephone [phone]
Facsimile [phone]
[e-mail]
[e-mail]

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Attorneys for the Plaintiffs
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WILLIAMS & CONNOLLY LLP
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By:/s/ Steven R. Kuney
Steven R. Kuney
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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BAKER & MILLER PLLC

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By:/s/ W. Todd Miller
2401 Pennsylvania Avenue, N.W., Ste 300
Washington, D.C. 20037

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Attorneys for Defendant Dairy Farmers of America,
Inc.

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EIMER STAHL KLEVORN & SOLBERG LLP
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By:/s/ Nathan P. Eimer
Nathan P. Eimer
EIMER STAHL KLEVORN & SOLBERG LLP
224 South Michigan Avenue, Suite 1100
Chicago, Illinois 60604
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant Land O’ Lakes, Inc.

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BOND SCHOENECK & KING, PLLC

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By: __/s/ Edward R. Conan
Edward R. Conan
BOND SCHOENECK & KING, PLLC
One Lincoln Center
Syracuse, NY 13202-1355
Telephone [phone]
Facsimile [phone]
[e-mail]

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Attorney for Defendant Dairylea Cooperative, Inc.
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I, Elaine T. Byszewski, attest that concurrence in the filing of this document has been obtained from
each of the other signatories.
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
CASE NO. 4:11-CV-4766 DMR

Case3:11-cv-04766-JSW Document18

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Filed10/18/11 Page5 of 6

PURSUANT TO STIPULATION, IT IS SO ORDERED: The Court FURTHER ORDERS that the case
management conference is CONTINUED to April 6, 2012 at 1:30 p.m.
October
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Dated the _________ day of ________________, 2011

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_________________________________
Magistrate Judge Donna M. Ryu

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
CASE NO. 4:11-CV-4766 DMR