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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1 The Honorable Barbara J. Rothstein 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 TRADER JOE’S COMPANY, a California Corporation, 12 Plaintiff, 13 14 15 v. MICHAEL NORMAN HALLATT, an individual, d/b/a PIRATE JOE’S a/k/a TRANSILVANIA TRADING; and DOES 1-10, 16 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. 17 18 This Joint Stipulation to (1) Extend Case Deadlines and (2) Enlarge Page Limits for 19 Trader Joe’s Motion for Preliminary Injunction between Plaintiff Trader Joe’s Company 20 (“Trader Joe’s” or “Plaintiff”), on the one hand, and Defendant Michael Norman Hallatt 21 d/b/a Pirate Joe’s a/k/a Transilvania Trading (“Mr. Hallatt” or “Defendant”), on the other 22 hand, is made with respect to the following facts and recitals: 23 24 WHEREAS, on December 20, 2016, the Court entered a scheduling order (Dkt. No. 58) in this action; 25 WHEREAS, on May 9, 2017, on the parties’ stipulated request, the Court entered an 26 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 1 expert discovery, solely to allow the parties to complete five remaining depositions 2 (Defendant Michael Hallatt; Trader Joe’s employees Nicole Kendall, Carla Hechler, and 3 Matt Sloan; and third party World Class Distribution, Inc.) from May 17, 2017 to June 7, 4 2017; (2) the Initial Expert Disclosure & Report Deadline from June 7, 2017 to June 21, 5 2017; and (3) the Rebuttal Expert Disclosure & Report Deadline from June 28, 2017 to July 6 12, 2017; 7 WHEREAS, Mr. Hallatt’s deposition is currently scheduled to take place on May 25 8 and 26, 2017, and the depositions of Ms. Kendall, Ms. Hechler, Mr. Sloan, and World Class 9 Distribution, Inc. are currently scheduled to take place from May 30 to June 1, 2017; 10 WHEREAS, on May 12, 2017, counsel for Trader Joe’s informed Nathan Alexander 11 of Dorsey & Whitney LLP, then counsel of record for Mr. Hallatt, that, shortly after close 12 of fact discovery, Trader Joe’s intended to move for a court order preliminarily enjoining 13 Mr. Hallatt from reselling Trader Joe’s food products at his current location (3744 West 14 10th Street) or at any other location, and asked whether Mr. Hallatt would join a joint 15 request to the Court to extend the page limit for Trader Joe’s motion and Mr. Hallatt’s 16 opposition from 15 pages to 24 pages and the page limit for Trader Joe’s reply from 10 17 pages to 12 pages, in view of the complexity of the issues likely to be raised in those briefs; 18 WHEREAS, during the parties’ May 18, 2017 telephonic conference on Trader 19 Joe’s anticipated preliminary injunction motion, Mr. Alexander informed Trader Joe’s 20 counsel that he and his firm would be withdrawing from representation of Mr. Hallatt and 21 that Mike Matesky of Matesky Law PLLC and Michael G. Atkins of Atkins Intellectual 22 Property, PLLC would be representing Mr. Hallatt moving forward. In view of their recent 23 entrance into the case, Mr. Matesky and Mr. Atkins requested Trader Joe’s delay filing its 24 preliminary injunction motion by two weeks and that Trader Joe’s join in a stipulated 25 request to extend certain deadlines; 26 WHEREAS, on May 19, 2017, Mr. Matesky filed a notice of appearance on behalf STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 2 1 of Mr. Hallatt (Dkt. No. 77) and Mr. Alexander filed a motion to withdraw as Mr. Hallatt’s 2 attorney (Dkt. No. 78); 3 WHEREAS, the parties have agreed on a case schedule that provides Mr. Matesky 4 and Mr. Atkins with additional time to enter the case, that does not prejudice Trader Joe’s 5 or its anticipated preliminary injunction motion, and that minimizes any inconvenience to 6 the Court; 7 WHEREAS, the parties have also agreed on extending the page limits related to 8 Trader Joe’s anticipated preliminary injunction motion, in view of the fact that said motion 9 will concern the quality control practices of both Trader Joe’s and Mr. Hallatt and will 10 require both parties to address Trader Joe’s likelihood of success on the merits of its claims, 11 whether Trader Joe’s will suffer irreparable harm absent a preliminary injunction, whether 12 the balance of hardships favors a preliminary injunction, and whether a preliminary 13 injunction would serve the public interest; and 14 15 16 17 18 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: 19 20 21 22 23 24 25 26 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 1 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 2 3 4 5 6 7 8 9 10 11 12 13 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 14 location (Yarmuth Wilsdon’s Seattle office) and the depositions of Trader Joe’s witnesses 15 and World Class Distribution’s witness will take place at the agreed-upon locations (Trader 16 Joe’s Monrovia headquarters for Ms. Kendall and Trader Joe’s Monrovia headquarters or 17 O’Melveny & Myers LLP’s Downtown Los Angeles office for the rest). 18 19 20 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 21 shall be as follows: 24 pages for Trader Joe’s opening motion, 24 pages for Mr. Hallatt’s 22 opposition, and 12 pages for Trader Joe’s reply. 23 5. This Joint Stipulation, and the parties’ agreement thereto, may not be used, 24 cited, or relied upon by either party in support of, or in opposition to, any future motion or 25 at trial, including in any discovery motion, Daubert motion, motion in limine, motion for 26 injunctive relief, Trader Joe’s anticipated preliminary injunction motion, or motion for other STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 4 1 relief. In particular, Mr. Hallatt agrees not to contend that Trader Joe’s willingness to 2 extend these deadlines is evidence of lack of irreparable harm, that the balance of hardships 3 does not favor entry of a preliminary injunction, or that a preliminary injunction would not 4 serve the public interest. 5 6 DATED: May 22, 2017 7 8 9 10 11 12 13 14 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: 206.701.0332 Email: Attorneys for Defendant Michael Norman Hallatt 15 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) 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) 16 17 18 19 20 Tim Byron (admitted pro hac vice) 2 Embarcadero Center, 28th Floor San Francisco, CA 94111 415.984.8899 415.984.8701 (facsimile) 21 22 23 Attorneys for Plaintiff Trader Joe’s Company 24 25 26 STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 5 1 2 ORDER IT IS SO ORDERED. 3 4 DATED: May 23, 2017 5 A 6 7 Barbara Jacobs Rothstein U.S. District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 6 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this date I electronically filed the foregoing with the Clerk of 3 the Court using the CM/ECF system, which will send notification of such filing to the 4 following counsel of record: 5 Nathan T. Alexander ( Michael Keyes ( Andrea Yang ( DORSEY & WHITNEY LLP 6 7 8 Michael P. Matesky, II ( MATESKY LAW PLLC 9 Attorneys for Defendant Michael Norman Hallatt 10 11 Dated: May 22, 2017 at Seattle, Washington. 12 s/Jeremy E. Roller Jeremy E. Roller 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 7 760.01 re221501

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