Wysong Corporation v. Big Heart Pet Brands et al
ORDER on Rule 12 Motions. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 16-11821
Case No. 16-11823
BIG HEART PET BRANDS, and
JM SMUCKER COMPANY,
Case No. 16-11825
HILL’S PET NUTRITION, INCORPORATED,
Case No. 16-11826
MARS PETCARE US, INCORPORATED,
Case No. 16-11827
NESTLE PURINA PETCARE COMPANY,
Case No. 16-11832
WAL-MART STORES, INCORPORATED,
ORDER ON RULE 12 MOTIONS
On May 23, 2016, Plaintiff Wysong Corporation (“Wysong”) filed all of the
above-captioned civil actions in the Northern Division of this Court. The actions
were subsequently re-assigned to judges in the Southern Division. On August 2,
2016, the Court entered an Order temporarily consolidating all of the actions for
the purposes of resolving any motions that Defendants wished to file under either
under Rule 12(b) or Rule 12(c) of the Federal Rules of Civil Procedure.
The Court convened a telephonic status conference with counsel for all
parties on August 11, 2016.
During that conference, the Court discussed a
procedure and schedule with respect to the motions. As described during the status
conference, IT IS HEREBY ORDERED that:
By no later than August 31, 2016, counsel for any Defendant wishing to file
a motion under either Rule 12(b) or Rule 12(c) of the Federal Rules of Civil
Procedure (who has not already filed such a motion) shall personally consult
with Wysong’s counsel and provide Wysong’s counsel the specific grounds
for its motion.
This consultation shall be in lieu of actually filing the
motion. The purpose of the consultation is for the Defendant(s) to point out
to Wysong’s counsel the legal deficiencies that the Defendant(s) believe(s)
to exist in the Complaint and to give Wysong’s counsel an opportunity to
attempt to address those deficiencies through an Amended Complaint.
By no later than September 21, 2016, Wysong shall file a First Amended
Complaint in each of the above-captioned actions.
Defendants shall file their motions under either Rule 12(b) or Rule 12(c) of
the Federal Rules of Civil Procedure by no later than October 21, 2016.
Defendants shall consult with one another and select one Defendant to file a
“lead” motion and brief. That “lead” filing shall not exceed 35 pages. Each
Defendant not filing the “lead” motion and brief may file an individual
“supplemental brief.” These supplemental briefs shall not exceed 20 pages
and shall focus on the factual allegations and legal arguments specific to the
filing Defendant. The “supplemental” briefs shall not repeat the background
facts, law, and argument common to all Defendants.
Wysong shall file a single, consolidated response to Defendants’ motions by
no later than November 21, 2016. Wysong’s consolidated response brief
shall not exceed 50 pages.
Defendants shall file individual reply briefs by no later than December 9,
2016. These briefs shall not exceed 7 pages each.
All briefs shall be filed in 14-point font and shall otherwise comply with the
Court’s Local Rules concerning the format for motions and briefs.
If the parties have any questions about the above-described procedure or
schedule, they are encouraged to contact the Court through its Case Manager.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 16, 2016
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on August 16, 2016, by electronic means and/or
s/Holly A. Monda
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