Trader Joe's Company v. Hallatt et al

Filing 80

STIPULATION AND ORDER extending case deadlines and page limits for preliminary injunction motion. Initial Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/18/2017, Rebuttal Expert Disclosure/Reports due by 9/8/2017, Close of expert dis covery by 10/3/2017, Dispositive motions due by 10/12/2017, Motions in Limine due by 11/30/2017. Trader Joe's to file its motion for preliminary injunction (24 pages) no earlier than 6/5/2017. Signed by Judge Barbara J. Rothstein. (see order for more details) (PM)

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The Honorable Barbara J. Rothstein

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TRADER JOE’S COMPANY, a
California Corporation,

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Plaintiff,

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v.
MICHAEL NORMAN HALLATT, an
individual, d/b/a PIRATE JOE’S a/k/a
TRANSILVANIA TRADING; and
DOES 1-10,

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Case No. 2:13-cv-00768-BJR
STIPULATION AND ORDER TO (1)
EXTEND CASE DEADLINES AND
(2) ENLARGE PAGE LIMITS FOR
TRADER JOE’S PRELIMINARY
INJUNCTION MOTION
NOTE ON MOTION CALENDAR:
May 22, 2017

Defendants.

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This Joint Stipulation to (1) Extend Case Deadlines and (2) Enlarge Page Limits for

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Trader Joe’s Motion for Preliminary Injunction between Plaintiff Trader Joe’s Company

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(“Trader Joe’s” or “Plaintiff”), on the one hand, and Defendant Michael Norman Hallatt

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d/b/a Pirate Joe’s a/k/a Transilvania Trading (“Mr. Hallatt” or “Defendant”), on the other

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hand, is made with respect to the following facts and recitals:

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WHEREAS, on December 20, 2016, the Court entered a scheduling order (Dkt. No.
58) in this action;

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WHEREAS, on May 9, 2017, on the parties’ stipulated request, the Court entered an

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order (Dkt. No. 74) extending the following deadlines: (1) the deadline for the close of nonSTIPULATION AND ORDER
NO. 2:13-cv-00768 – Page 1

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expert discovery, solely to allow the parties to complete five remaining depositions

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(Defendant Michael Hallatt; Trader Joe’s employees Nicole Kendall, Carla Hechler, and

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Matt Sloan; and third party World Class Distribution, Inc.) from May 17, 2017 to June 7,

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2017; (2) the Initial Expert Disclosure & Report Deadline from June 7, 2017 to June 21,

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2017; and (3) the Rebuttal Expert Disclosure & Report Deadline from June 28, 2017 to July

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12, 2017;

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WHEREAS, Mr. Hallatt’s deposition is currently scheduled to take place on May 25

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and 26, 2017, and the depositions of Ms. Kendall, Ms. Hechler, Mr. Sloan, and World Class

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Distribution, Inc. are currently scheduled to take place from May 30 to June 1, 2017;

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WHEREAS, on May 12, 2017, counsel for Trader Joe’s informed Nathan Alexander

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of Dorsey & Whitney LLP, then counsel of record for Mr. Hallatt, that, shortly after close

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of fact discovery, Trader Joe’s intended to move for a court order preliminarily enjoining

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Mr. Hallatt from reselling Trader Joe’s food products at his current location (3744 West

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10th Street) or at any other location, and asked whether Mr. Hallatt would join a joint

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request to the Court to extend the page limit for Trader Joe’s motion and Mr. Hallatt’s

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opposition from 15 pages to 24 pages and the page limit for Trader Joe’s reply from 10

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pages to 12 pages, in view of the complexity of the issues likely to be raised in those briefs;

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WHEREAS, during the parties’ May 18, 2017 telephonic conference on Trader

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Joe’s anticipated preliminary injunction motion, Mr. Alexander informed Trader Joe’s

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counsel that he and his firm would be withdrawing from representation of Mr. Hallatt and

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that Mike Matesky of Matesky Law PLLC and Michael G. Atkins of Atkins Intellectual

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Property, PLLC would be representing Mr. Hallatt moving forward. In view of their recent

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entrance into the case, Mr. Matesky and Mr. Atkins requested Trader Joe’s delay filing its

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preliminary injunction motion by two weeks and that Trader Joe’s join in a stipulated

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request to extend certain deadlines;

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WHEREAS, on May 19, 2017, Mr. Matesky filed a notice of appearance on behalf
STIPULATION AND ORDER
NO. 2:13-cv-00768 – Page 2

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of Mr. Hallatt (Dkt. No. 77) and Mr. Alexander filed a motion to withdraw as Mr. Hallatt’s

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attorney (Dkt. No. 78);

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WHEREAS, the parties have agreed on a case schedule that provides Mr. Matesky

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and Mr. Atkins with additional time to enter the case, that does not prejudice Trader Joe’s

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or its anticipated preliminary injunction motion, and that minimizes any inconvenience to

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the Court;

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WHEREAS, the parties have also agreed on extending the page limits related to

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Trader Joe’s anticipated preliminary injunction motion, in view of the fact that said motion

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will concern the quality control practices of both Trader Joe’s and Mr. Hallatt and will

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require both parties to address Trader Joe’s likelihood of success on the merits of its claims,

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whether Trader Joe’s will suffer irreparable harm absent a preliminary injunction, whether

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the balance of hardships favors a preliminary injunction, and whether a preliminary

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injunction would serve the public interest; and

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WHEREAS, in light of the above, the parties believe that good cause exists for entry
of the following stipulation;
NOW THEREFORE, by and through the undersigned counsel, the parties stipulate
and agree as follows, subject to the Court’s approval:
1.

Good cause appearing, the case schedule be adjusted as follows:

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Event
Deposition of Mr.
Hallatt (two days
per Dkt. No. 55)

Current Date
5/25/2017 and
5/26/2017

Depositions of
By 6/7/2017
Sloan, Hechler,
Kendall, and
World Class
Distribution
Initial expert
6/21/2017
disclosure & report
deadline

STIPULATION AND ORDER
NO. 2:13-cv-00768 – Page 3

New Date
6/6/2017 for first day
and no later than
8/7/2017 for second
day
6/14/2017 to
6/16/2017;
completed no later
than 8/7/2017
8/18/2017

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Event
Rebuttal expert
disclosure & report
deadline
Close of expert
discovery
(including noticing
deadline for
discovery motions)
Filing deadline for
dispositive motions
& Dauberts
Deadline for
opposition briefing
Deadline for reply
briefing
Filing deadline for
MILs
Filing deadline for
oppositions to
MILs

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2.

Current Date
7/12/2017

New Date
9/8/2017

8/4/2017

10/3/2017

8/17/2017

10/12/2017

9/7/2017

11/2/2017

9/28/2017

11/16/2017

10/4/2017

11/30/2017

10/11/2017

12/7/2017

As previously agreed, Mr. Hallatt’s deposition will take place at the noticed

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location (Yarmuth Wilsdon’s Seattle office) and the depositions of Trader Joe’s witnesses

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and World Class Distribution’s witness will take place at the agreed-upon locations (Trader

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Joe’s Monrovia headquarters for Ms. Kendall and Trader Joe’s Monrovia headquarters or

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O’Melveny & Myers LLP’s Downtown Los Angeles office for the rest).

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3.

Trader Joe’s will file its motion for preliminary injunction no earlier than

June 5, 2017.
4.

With respect to Trader Joe’s preliminary injunction motion, the page limits

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shall be as follows: 24 pages for Trader Joe’s opening motion, 24 pages for Mr. Hallatt’s

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opposition, and 12 pages for Trader Joe’s reply.

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5.

This Joint Stipulation, and the parties’ agreement thereto, may not be used,

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cited, or relied upon by either party in support of, or in opposition to, any future motion or

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at trial, including in any discovery motion, Daubert motion, motion in limine, motion for

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injunctive relief, Trader Joe’s anticipated preliminary injunction motion, or motion for other
STIPULATION AND ORDER
NO. 2:13-cv-00768 – Page 4

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relief. In particular, Mr. Hallatt agrees not to contend that Trader Joe’s willingness to

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extend these deadlines is evidence of lack of irreparable harm, that the balance of hardships

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does not favor entry of a preliminary injunction, or that a preliminary injunction would not

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serve the public interest.

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DATED: May 22, 2017

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By /s/ Michal P. Matesky, II
Michael P. Matesky, II, WSBA #39586
Matesky Law PLLC
1001 4th Ave., Suite 3200
Seattle, WA 98154
Ph: 206.701.0331
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Michael
Norman Hallatt

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By /s/ Jeremy E. Roller
Jeremy E. Roller, WSBA #32021
YARMUTH WILSDON PLLC
Scott T. Wilsdon, WSBA No. 20608
Jeremy E. Roller, WSBA No. 32021
1420 Fifth Ave., Suite 1400
Seattle, WA 98101
206.516.3800
206.516.3888 (facsimile)
[e-mail]
[e-mail]
O’MELVENY & MYERS LLP
Brian M. Berliner (admitted pro hac vice)
Jordan Raphael (admitted pro hac vice)
400 South Hope Street
Los Angeles, CA 90071-2899
213.430.6000
213.430.6407 (facsimile)
[e-mail]
[e-mail]

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Tim Byron (admitted pro hac vice)
2 Embarcadero Center, 28th Floor
San Francisco, CA 94111
415.984.8899
415.984.8701 (facsimile)
[e-mail]

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Attorneys for Plaintiff Trader Joe’s Company

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STIPULATION AND ORDER
NO. 2:13-cv-00768 – Page 5

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ORDER
IT IS SO ORDERED.

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DATED: May 23, 2017

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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STIPULATION AND ORDER
NO. 2:13-cv-00768 – Page 6

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CERTIFICATE OF SERVICE

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I hereby certify that on this date I electronically filed the foregoing with the Clerk of

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the Court using the CM/ECF system, which will send notification of such filing to the

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following counsel of record:

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Nathan T. Alexander ([e-mail])
Michael Keyes ([e-mail])
Andrea Yang ([e-mail])
DORSEY & WHITNEY LLP

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Michael P. Matesky, II ([e-mail])
MATESKY LAW PLLC

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Attorneys for Defendant Michael Norman Hallatt
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Dated: May 22, 2017 at Seattle, Washington.

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s/Jeremy E. Roller
Jeremy E. Roller

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STIPULATION AND ORDER
NO. 2:13-cv-00768 – Page 7
760.01 re221501