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

Filing 148

STIPULATION AND ORDER REGARDING SCHEDULE FOR BRIEFING ON DEFENDANTS' RENEWED MOTION TO DISMISS AND PLAINTIFF'S MOTION TO LIFT STAY AND PROCEED WITH DISCOVERY re 147 . Signed by Judge Jeremy Fogel on 7/28/11. (dlm, COURT STAFF) (Filed on 8/3/2011)

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John L. Cooper (SBN 050324)
E-mail: [e-mail]
Morgan T. Jackson (SBN 250910)
E-mail: [e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Joseph E. Sandler (pro hac vice)
E-mail: [e-mail]
SANDLER, REIFF & YOUNG, P.C.
300 M Street, S.E., Suite 1102
Washington, D.C. 20003
Telephone: [phone]
Facsimile: [phone]

William J. Friedman (pro hac vice)
E-Mail: [e-mail]
Simon J. Frankel (SBN 171552)
E-Mail: [e-mail]
Margaret D. Wilkinson (SBN 244965)
E-Mail: [e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
THE HAIN CELESTIAL GROUP, INC.,
KISS MY FACE CORPORATION,
and LEVLAD, LLC
ADDITIONAL COUNSEL AND PARTIES
LISTED ON SIGNATURE PAGE

Attorneys for Plaintiff
ALL ONE GOD FAITH, INC., d/b/a
DR. BRONNER’S MAGIC SOAPS

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ALL ONE GOD FAITH, INC., d/b/a DR.
BRONNER’S MAGIC SOAPS, a California
corporation,

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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; GIOVANNI
COSMETICS, INC., a California
corporation; COSWAY COMPANY, INC.,
a California corporation; COUNTRY LIFE,
LLC, a New York limited liability company;
ECOCERT FRANCE (SAS), a French
corporation; and ECOCERT, INC., a
Delaware corporation,

Civil Case No.: CV-09-3517 JF
STIPULATION REGARDING
SCHEDULE FOR BRIEFING ON
DEFENDANTS’ RENEWED
MOTION TO DISMISS AND
PLAINTIFF’S MOTION TO LIFT
STAY AND PROCEED WITH
DISCOVERY AND -----------------[PROPOSED]
ORDER
Judge:
Trial Date:

Hon. Jeremy Fogel
None set

Defendants.

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STIPULATION REGARDING BRIEFING SCHEDULE AND
[PROPOSED] ORDER
Civil Case No.: CV-09-3517 JF

23183\2681642.1

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WHEREAS, on January 13, 2010, Plaintiff All One God Faith, Inc., doing business as Dr.

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Bronner’s Magic Soaps (“Dr. Bronner’s”), filed its third amended complaint (“TAC”) alleging

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violations of Section 43(a) of the Lanham Act by Defendants;

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WHEREAS, on January 14, 2010, Dr. Bronner’s filed an administrative complaint with

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the United States Department of Agriculture (“USDA”) alleging that Defendants’ products are

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labeled in violation of the regulations issued under USDA’s National Organic Program (“NOP”);

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WHEREAS, various Defendants moved to dismiss the Third Amended Complaint;

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WHEREAS, on May 24, 2010, the Court entered an Order holding that “it would be

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inappropriate for this Court to adjudicate Plaintiff’s Lanham Act claim and impose a potentially

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conflicting set of standards” while USDA was considering the development of standards

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governing personal care products and while Dr. Bronner’s administrative complaint was pending,

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(see Docket No. 118 at 11:6-11) and stayed this case “pending further action by the USDA.” Id.

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at 12:4-5.

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WHEREAS, in granting the stay instead of dismissal, the Court reasoned that “without

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knowing how the USDA will proceed regarding the NOSB’s recommendation and Plaintiff’s

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administrative complaint, the Court cannot presume that there will be nothing left for it to

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decide.” Id. at 12:1-5;

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WHEREAS, on February 2, this Court sent a letter to USDA listing various documents in

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its possession relevant to this action, and asked that USDA inform the Court if it had any

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“additional information relevant to this case that the Court does not.” See Docket. No. 137;

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WHEREAS, in a letter dated May 5, 2011, USDA responded that it had no additional
information to provide;
WHEREAS, on June 10, 2011, a case management conference was held in which the

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Court set a hearing date of September 9, 2011 to hear arguments on any motions the parties may

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file regarding how to proceed in this action, including whether the action should be dismissed or

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proceed, including whether it should proceed pursuant to a discovery plan;

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WHEREAS, the parties have met and conferred and agreed upon a briefing schedule in
advance of the September 9, 2011 hearing date set by the Court;
STIPULATION REGARDING BRIEFING SCHEDULE AND
[PROPOSED] ORDER
Civil Case No.: CV-09-3517 JF

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IT IS HEREBY STIPULATED, by and between the parties hereto:

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1)

Not later than August 5, 2011, Defendants will file any renewed motion to dismiss

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they wish to file and Plaintiff will file any proposed discovery plan and/or motion to lift the stay it

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wishes to file.

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2)

Not later than August 19, 2011, the parties will file their respective oppositions to

motions filed by August 5, 2011.
3)

Not later than August 26, 2011, the parties will file replies in support of their

respective motions.

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Dated: July 20, 2011

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FARELLA BRAUN + MARTEL LLP
SANDLER, REIFF & YOUNG PC
By:

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/s/ Joseph Sandler
Joseph Sandler
Attorneys for Plaintiff
ALL ONE GOD FAITH, INC., d/b/a DR.
BRONNER’S MAGIC SOAPS

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COVINGTON & BURLING LLP

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By:

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/s/ Margaret D. Wilkinson
Margaret D. Wilkinson
Attorneys for Defendants THE HAIN
CELESTIAL GROUP, INC.; KISS MY
FACE CORPORATION; and LEVLAD,
LLC

LEWITT, HACKMAN, SHAPIRO,
MARSHALL & HARLAN

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By:

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/s/ Stephen T. Holzer
Stephen T. Holzer
Attorneys for Defendant GIOVANNI
COSMETICS, INC.

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STIPULATION REGARDING BRIEFING SCHEDULE AND
[PROPOSED] ORDER
Civil Case No.: CV-09-3517 JF

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WESTRUP KLICK LLP

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By:
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/s/ Rhonda Klick
Rhonda Klick
Attorneys for Defendant COSWAY
COMPANY, INC.

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BARTKO, ZANKEL, TARRANT & MILLER
AJ ROTONDI, PLLC

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By:
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/s/ Anthony Rotondi
Anthony Rotondi
Attorneys for Defendant COUNTRY LIFE,
L.L.C.

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ROPERS, MAJESKI, KOHN & BENTLEY
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By:

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/s/ Thomas H. Clarke, Jr.
Thomas H. Clarke, Jr.
Attorneys for Defendants ECOCERT
FRANCE (SAS) and ECOCERT, INC.

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------------------- ORDER
[PROPOSED]
[Local Rules 7-12 and 16-2 (e)]

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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7/28/11
Date: ____________________

___________________________________
Hon. Jeremy Fogel
United States District Judge

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ATTESTATION

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I, Morgan Jackson, am the ECF user whose User ID and Password are
being used to file the STIPULATION REGARDING SCHEDULE FOR BRIEFING ON
DEFENDANTS’ RENEWED MOTION TO DISMISS AND PLAINTIFF’S MOTION TO LIFT
STAY AND PROCEED WITH DISCOVERY AND [PROPOSED] ORDER. In compliance with
General Order 45.X.B, I hereby attest that concurrence in the filing of this document has been
obtained from signatories Margaret Wilkinson, and through Margaret Wilkinson, from Stephen T.
Holzer, Rhonda Klick, Anthony Rotondi, and Thomas Clarke, Jr.

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DATED: July 20, 2011:

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/s/ Morgan T. Jackson

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STIPULATION REGARDING BRIEFING SCHEDULE AND
[PROPOSED] ORDER
Civil Case No.: CV-09-3517 JF

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