All One God Faith, Inc. v. The Hain Celestial Group, Inc. et al

Filing 107

STIPULATION AND ORDER TO WITHDRAW LEVLAD, LLC'S MOTION TO DISMISS THIRD AMENDED COMPLAINT re 99 . Signed by Judge Jeremy Fogel on 4/13/10. (dlm, COURT STAFF) (Filed on 4/16/2010)

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WILLIAM J. FRIEDMAN (admitted pro hac vice) E-Mail: [e-mail] SIMON J. FRANKEL (State Bar No. 171552) E-Mail: [e-mail] MARGARET D. WILKINSON (State Bar No. 244965) E-Mail: [e-mail] COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants THE HAIN CELESTIAL GROUP, INC., KISS MY FACE CORPORATION, and LEVLAD, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
ALL ONE GOD FAITH, INC., d/b/a DR. BRONNER'S MAGIC SOAPS, a California corporation, Plaintiff, vs. THE HAIN CELESTIAL GROUP, INC., a Delaware corporation; KISS MY FACE CORPORATION, a New York corporation; LEVLAD, LLC, a California limited liability company; YSL BEAUTE, INC., a New York corporation; GIOVANNI COSMETICS, INC., a California corporation; COSWAY COMPANY, INC., a California corporation; COUNTRY LIFE, LLC, a New York limited liability company; ORGANIC AND SUSTAINABLE INDUSTRY STANDARDS, INC., a Nevada corporation; ECOCERT FRANCE (SAS), a French corporation; and ECOCERT, INC., a Delaware corporation; Defendants.
STIPULATION TO WITHDRAW LEVLAD, LLC'S MOTION TO DISMISS THIRD AMENDED COMPLAINT; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

Civil Case No.: CV-09-3517 JF (HRL) STIPULATION TO WITHDRAW LEVLAD, LLC'S MOTION TO DISMISS THIRD AMENDED COMPLAINT; -----------------[PROPOSED] ORDER

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On April 1, 2010, Plaintiff and Levlad, LLC entered a stipulation that Plaintiff's Opposition to Levlad's motion to dismiss would no longer be due on April 2, to permit the Plaintiff and Levlad to resolve the impact on this action. The stipulation was filed with this Court on April 1 (Dkt. No. 99). Plaintiff and Levlad have reached an agreement on this issue. IT IS HEREBY STIPULATED, by and between Defendants Hain Celestial Group, Inc., Kiss My Face Corporation, and Levlad, LLC, and Plaintiff All One God Faith, Inc., that in respect of the February 22, 2010 injunction entered by the United States Bankruptcy Court for the District of Delaware in In re: Natural Products Group, LLC, et al, Case No. 1010239 (BLS) (Defendant Levlad LLC's parent company), attached hereto as Attachment A, the Defendants' currently pending Motion to Dismiss is withdrawn nunc pro tunc as to Levlad solely, and that no response by Plaintiff to the withdrawn Motion is required or shall be filed as to Levlad. As to Defendants Hain Celestial Group, Inc., and Kiss My Face Corporation, the Motion to Dismiss remains filed and pending. The parties do not intend that this stipulation shall prejudice their respective rights in any way in the aforementioned bankruptcy proceeding. Accordingly, Plaintiff and Levlad request that the Court order that the pending motion to dismiss by Levlad be withdrawn nunc pro tunc and that Plaintiff need not and shall not file any opposition papers to Levlad's withdrawn motion to dismiss. DATED: April 12, 2010 FARELLA BRAUN & MARTEL LLP SANDLER, REIFF & YOUNG PC By:

JOHN L. COOPER Attorneys for Plaintiff ALL ONE GOD FAITH, INC., d/b/a DR. BRONNER'S MAGIC SOAPS

COVINGTON & BURLING LLP By: /s/ MARGARET D. WILKINSON Attorneys for Defendants THE HAIN CELESTIAL GROUP, INC.; KISS MY FACE CORPORATION; and LEVLAD, LLC

STIPULATION TO WITHDRAW LEVLAD, LLC'S MOTION TO DISMISS THIRD AMENDED COMPLAINT; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

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On April 1, 2010, Plaintiff and Levlad, LLC entereda stipulationthatPlaintiff's
Opposition to Levlad's motion to dismiss would no longer be due on April 2, to permit the Plaintiff and Levlad to resolve the impact on this action. The stipulation was filed with this Court on April 1 (Dkt. No. 99). Plaintiff and Levlad have reached an agreement on this issue.

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IT IS HEREBY STIPULATED, by and between DefendantsHain Celestial
Group, Inc., Kiss My Face Corporation, and Levlad, LLC, and Plaintiff All One God Faith, Inc., that in respect of the February 22, 2010 injunction entered by the United States Bankruptcy Court for the District of Delaware in In re: Natural Products Group, LLC, et al, Case No. 1010239 (BLS) (Defendant Levlad LLC's parent company), attached hereto as Attachment A, the Defendants' currently pending Motion to Dismiss is withdrawn nuncpro tunc as to Levlad solely, and that no response by Plaintiff to the withdrawn Motion is required or shall be filed as to Levlad. As to Defendants Hain Celestial Group, Inc., and Kiss My Face Corporation, the Motion to Dismiss remains filed and pending. The parties do not intend that this stipulation shall prejudice their respective rights in any way in the aforementioned bankruptcy proceeding.

Accordingly, Plaintiff and Levlad requestthatthe Court order thatthe pending
motion to dismiss by Levlad be withdrawn nuncpro tunc and that Plaintiff need not and shall not file any opposition papers to Levlad's withdrawn motion to dismiss.

DATED: April 12,2010

FARELLA BRAUN MARTEL & LLP
SANDLERREIFF& YOUNGPC ,

By:

L. COOPER for Plaintiff ALL ONE GOD FAITH, INC., dib/a

DR. BRONNER'SMAGIC SOAPS

COVINGTON BURLING & LLP
By:

MARGARETD. WILKINSON

Attorneysfor DefendantsTHE HAIN

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TODISMISS THIRD AMENDED COMPLAINT; [PROPOSED] ORDER
Civil CaseNo.: CV-09-3517 JF(HRL) STIPULATION WITHDRAWLEVLAD,LLC'S MOTION TO

CELESTIAL GROUP,INC.;KISSMY FACECORPORATION; and LEVLAD,LLC

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------------------ ORDER [PROPOSED] [Local Rules 7-12 and 16-2 (e)] PURSUANT TO STIPULATION, IT IS SO ORDERED.

___________________________________ Hon. Jeremy Fogel United States District Judge

STIPULATION TO WITHDRAW LEVLAD, LLC'S MOTION TO DISMISS THIRD AMENDED COMPLAINT; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

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