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

Filing 80

ORDER APPROVING 79 STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Signed by Judge Jeremy Fogel on 1/27/2010. (jflc2, COURT STAFF) (Filed on 1/27/2010)

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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

**E-Filed 1/27/2010**

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. Civil Case No.: CV-09-3517 JF (HRL) STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ------------------ ORDER

STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

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IT IS HEREBY STIPULATED, by and between the parties hereto, that: (i) Defendants may have until and including Monday, February 15, 2010 to respond to the Third Amended Complaint filed by Plaintiff in this matter; (ii) the Case Management Conference presently scheduled to be held on February 12, 2010 shall be postponed to a date to be renoticed by the Court and/or the parties which the parties will mutually arrange by communication with the Court immediately following execution of this stipulation; and (iii) and the obligations of counsel pursuant to Federal Rule of Civil Procedure 26(a) and 26(f), and Local Rule 16, shall be postponed to dates consistent with the re-noticed Case Management Conference. GOOD CAUSE exists for this Stipulation, as follows: 1. On September 25, 2009, the Court held a hearing on various Motions to

Dismiss pleadings in this case; 2. On December 14, 2009, the Court issued its Order Granting Defendants'

Motions to Dismiss and Granting Plaintiff's Motion to Dismiss Ecocert's Counterclaim, providing that Plaintiff could file a Third Amended Complaint by January 13, 2010, and resetting the Case Management Conference for February 12, 2010; 3. On January 13, 2010, Plaintiff filed its Third Amended Complaint,

alleging two counts of false advertising under Section 43(a) of the Lanham Act against Defendants; and 4. The parties have agreed that Defendants may have until and including

Monday, February 15, 2010, to respond to the allegations in the Third Amended Complaint. Accordingly, the parties request that the February 12 Case Management Conference be immediately rescheduled to a date consistent with this stipulation and compliance with the associated Rule 26(a) and 26(f) and Local Rule 16 obligations be

STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

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rescheduled accordingly.

DATED: January 26, 2010

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

GREENBERG TRAURIG LLP By: /s/ JAMES M. MATTESICH Attorneys for Defendant YSL BEAUTE, INC.

LEWITT, HACKMAN, SHAPIRO, MARSHALL & HARLAN LLP By: /s/ STEPHEN T. HOLZER Attorneys for Defendant GIOVANNI COSMETICS, INC.

WESTRUP KLICK LLP By: /s/ RHONDA KLICK Attorneys for Defendant COSWAY COMPANY, INC.

STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

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STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

HOWREY LLP AJ ROTONDI, PLLC By: /s/ BENJAMIN K. RILEY /s/ ANTHONY J. ROTONDI Attorneys for Defendant COUNTRY LIFE, L.L.C.

By:

ROPERS, MAJESKI, KOHN & BENTLEY By: /s/ THOMAS H. CLARKE, JR. Attorneys for Defendants ECOCERT FRANCE (SAS) and ECOCERT, INC.

-----------------[PROPOSED] ORDER [Local Rules 7-12 and 16-2 (e)] PURSUANT TO STIPULATION, IT IS SO ORDERED. 1/27/2010 Date: ____________________

___________________________________ Hon. Jeremy Fogel United States District Judge

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: January 26, 2010

ATTESTATION I, Margaret D. Wilkinson, am the ECF user whose User ID and Password are being used to file the STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE 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 John L. Cooper, James M. Mattesich, Stephen T. Holzer, Rhonda Klick, Benjamin K. Riley, Anthony J. Rotondi, and Thomas H. Clarke, Jr.

/s/ Margaret D. Wilkinson

STIPULATION FOR EXTENSION TO RESPOND TO THIRD AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Civil Case No.: CV-09-3517 JF (HRL)

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