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

Filing 77

STIPULATION AND ORDER re 76 STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order Rescheduling Hearings on Motions to Dismiss filed by Domino Foods Inc, Set/Reset Deadlines as to 76 STIPULATION WITH PROPOSED ORD ER Joint Stipulation and [Proposed] Order Rescheduling Hearings on Motions to Dismiss, 56 MOTION to Dismiss Third-Party Complaint, 51 MOTION to Dismiss Third-Party Defendant Domino Foods, Inc.'s Notice of Motion and Motion to Dismiss Third-Party Plaintiff Batory Foods' Third-Party Complaint; Memorandum of Points and Authorities in Support Thereof. Motion Hearing set for 2/13/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 12/10/13. (bpf, COURT STAFF) (Filed on 12/10/2013)

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Bingham McCutchen LLP
RICK ROTHMAN (SBN 142437)
[e-mail]
COLIN C. WEST (SBN 184095)
[e-mail]
Three Embarcadero Center
San Francisco, California 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
Attorneys for Third-party Defendant
DOMINO 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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AMERICAN LICORICE COMPANY,
Plaintiff,

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vs.

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TOTAL SWEETENERS, INC.; individually
and doing business as BATORY FOODS,
INC., and DOES 1 through 10, Inclusive,
Defendant.

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TOTAL SWEETENERS, INC., individually
and doing business as BATORY FOODS,

CASE No. 2013-cv-01929 EMC
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING HEARINGS
ON MOTIONS TO DISMISS
Date:
December 19, 2013
Time: 1:30
Judge: Hon. Edward M. Chen
Courtroom: 5
Complaint Filed: September 17, 2013

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Third-party Plaintiff,

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vs.

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SAVANNAH SUGAR REFINERY, a
subsidiary of IMPERIAL SUGAR
COMPANY; IMPERIAL SUGAR
COMPANY; IMPERIAL DISTRIBUTING,
INC.; DOMINO FOODS, INC.; and ROES 1
through 10, inclusive,
Third-party Defendants.

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BINGHAM MCCUTCHEN
LLP

Case No. 2013-cv-01929 EMC
STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARINGS ON MOTIONS TO DISMISS
A/75857162

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Third-party Plaintiff Total Sweeteners, Inc. (“Total Sweeteners”) and Third-party

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Defendants Domino Foods, Inc. (“Domino”) and Imperial Distributing, Inc., Imperial Sugar

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Company, and Savannah Sugar Refinery (collectively, “Imperial”), through their counsel of

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record, hereby stipulate to reschedule both hearings on the Motions to Dismiss filed by Domino

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and Imperial, respectively. Those hearings were previously scheduled for December 19, 2013,

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but due to a scheduling conflict, the parties have agreed to reschedule both hearings to

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February 13, 2014 at 1:30 p.m. The Court has indicated it has availability at that time.

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DATED: December 10, 2013

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Respectfully submitted,
BINGHAM MCCUTCHEN LLP

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By:

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/s/ Colin C. West
Colin C. West
Attorneys for Third-party Defendant
Domino Foods, Inc.

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In accordance with Local Rule 5-1(i), the above signatory attests that concurrence in the

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filing of this document has been obtained from the signatories below.

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DATED: December 10, 2013

GORDON & REES LLP

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By:

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/s/ Mordecai D. Boone
Mordecai D. Boone
Kara Persson
Attorneys for Defendant Total Sweeteners,
Inc. dba Batory Foods

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DATED: December 10, 2013

McGRATH NORTH MULLIN &
KRATS, PC LLO

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By:

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/s/ Patrick E. Brookhouser
Patrick E. Brookhouser, Jr.
Attorneys for Defendant Imperial
Distributing, Inc., et al.

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BINGHAM MCCUTCHEN
LLP

-2Case No. 2013-cv-01929 EMC
STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARINGS ON MOTIONS TO DISMISS
A/75857162

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

UNIT
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VED
APPRO

Hon. Edward M. Chen
United States District Judge
. Chen
dward M
Judge E

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Dated:____________________________

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12/10/13

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BINGHAM MCCUTCHEN
LLP

-3Case No. 2013-cv-01929 EMC
STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARINGS ON MOTIONS TO DISMISS
A/75857162