American Licorice Company v. Total Sweeteners, Inc. et al

Filing 75

STIPULATION AND ORDER re 69 STIPULATION WITH PROPOSED ORDER re 4 ADR Scheduling Order, EXTENDING AND SETTING TIME FOR MEDIATION filed by Savannah Sugar Reginery, Total Sweeteners, Inc., Domino Foods Inc, Imperial Distribu ting Inc, American Licorice Company, Imperial Sugar Company, Harold Peter Smith Case Management Statement due by 3/20/2014. Further Case Management Conference reset for 3/27/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/9/13. (bpfS, COURT STAFF) (Filed on 12/9/2013)

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MORDECAI D. BOONE (SBN 196811)
[e-mail]
KARA PERSSON (SBN 210582)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TOTAL SWEETENERS, INC., individually
and doing business as BATORY FOODS

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UNITED STATES DISTRICT COURT

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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NORTHERN DISTRICT OF CALIFORNIA

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AMERICAN LICORICE COMPANY,

)
)
Plaintiff,
)
)
vs.
)
)
TOTAL SWEETENERS, INC.; BATORY FOODS, )
INC. and DOES 1 through 10, Inclusive,
)
)
Defendant.
)
)
)
TOTAL SWEETENERS, INC.; BATORY FOODS, )
INC. and DOES 1 through 10, Inclusive,
)
)
Third-Party Plaintiff,
)
)
vs.
)
)
SAVANNAH SUGAR REFINERY, a subsidiary of )
IMPERIAL SUGAR COMPANY; IMPERIAL
)
SUGAR COMPANY; IMPERIAL DISTRIBUTING, )
INC., DOMINO FOODS, INC.; and DOES 1
)
through 10, Inclusive,
)
)
Third-Party Defendants. )
)
)
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CASE NO. 2013-cv-01929 EMC
STIPULATION AND
[PROPOSED] ORDER
EXTENDING AND SETTING
TIME FOR MEDIATION
Honorable Edward M. Chen

STIPULATION AND [PROPOSED] ORDER EXTENDING AND SETTING TIME FOR MEDIATION
-2013-cv-01979 EMC

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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WHEREAS, a Case Management Conference was held on August 22, 2013, wherein the

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Court ordered that third parties were to be added within 30 days, and the Mediation of this action

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was to be completed by January 15, 2014;

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WHEREAS, a Third Party Complaint was filed and served on or before September 20,
2013;

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WHEREAS, third party defendants have filed Motions to Dismiss the Third Party
Complaint, which are not set for hearing until December 12, 2013;

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WHEREAS, deposition discovery will not proceed until the Motions to Dismiss the Third
Party Complaint have been determined;

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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WHEREAS, the plaintiff, defendant and third party defendants have met with the

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assigned mediator in this action and agree that a meaningful mediation cannot proceed until there

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is an opportunity to conduct deposition discovery, and that appropriate deposition discovery

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cannot proceed until the pending Motions to Dismiss the Third Party Complaint have been

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determined;

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WHEREAS, the parties in good faith and not for the purpose of delay, request an
extension of time to mediate this action, and

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WHEREAS, the parties’ agreement to mediate this matter in March 2014, with the
assigned mediator Peter Smith, will not unfairly prejudice any party;

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IT IS HEREBY STIPULATED, by and between Plaintiff, American Licorice Company,

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Defendant and Third Party Plaintiff Total Sweeteners, Inc., individually and doing business as

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Batory Foods, and Third-Party Defendants Imperial Sugar Company, Imperial Distributing, Inc.

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and Savannah Sugar Refinery (erroneously listed as a company separate from Imperial Sugar

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Company) and Domino Foods, Inc. that the deadline to complete mediation in this matter is

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extended, and that mediation will proceed with assigned mediator Peter Smith of Dhillon &

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Smith no later than March 31, 2014.

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///

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///
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STIPULATION AND [PROPOSED] ORDER EXTENDING AND SETTING TIME FOR MEDIATION
-2013-cv-01979 EMC

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SO STIPULATED:
NIXON PEABODY LLP

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Dated: December 2, 2013

By:

/s/
Lauren Marian Michals
Counsel for Plaintiff
American Licorice Company

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GORDON & REES LLP

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Dated: December 2, 2013

By:

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/s/
Mordecai D. Boone / Kara Persson
Counsel for Defendant Total Sweeteners, Inc.,
individually and doing business as Batory
Foods

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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LOMBARDI, LOPER & CONANT, LLP

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Dated: December 2, 2013

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By:
and

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Patrick E. Brookhouser, Jr.
(Pro Hac Vice application to be submitted)
MCGRATH NORTH MULLIN & KRATZ,
PC LLO
Counsel for Third-Party Defendants Imperial
Sugar Company, Imperial Distributing, Inc., and
Savannah Sugar Refinery, Erroneously Listed as
a Company Separate From Imperial Sugar
Company

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BINGHAM McCUTCHEN LLP

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/s/
Ralph A. Lombardi

Dated: December 3, 2013

By:

/s/
Colin C. West
Counsel for Third-Party Defendant
Domino Foods, Inc.

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STIPULATION AND [PROPOSED] ORDER EXTENDING AND SETTING TIME FOR MEDIATION
-2013-cv-01979 EMC

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[PROPOSED] ORDER

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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GOOD CAUSE APPEARING, IT IS SO ORDERED. The Case Management
conference is reset from
2/13/14 to 3/27/14 at 10:30
12/9/13
am.
DATED:
Hon. Edward
S DISTRIC M. Chen

UNIT
ED

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F
D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER EXTENDING AND SETTING TIME FOR MEDIATION
-2013-cv-01979 EMC

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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1083731/17418387v.1

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STIPULATION AND [PROPOSED] ORDER EXTENDING AND SETTING TIME FOR MEDIATION
-2013-cv-01979 EMC