J. R. Simplot Company v. Washington Potato Company et al

Filing 83

STIPULATION AND ORDER construing plaintiff's 75 MOTION for Temporary Restraining Order and Preliminary Injunction as a motion for preliminary injunction only; this motion shall be renoted for 4/14/2017, by Judge Ricardo S Martinez. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGT ON
AT SEATTLE

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J.R. SIMPLOT COMPANY, individually and
derivatively,

No. C16-1851 RSM

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Plaintiff,

STIPULATION AND ORDER
RE: MOTION FOR TEMPORARY
RESTRAINING ORDER AND
PRELIMINARY INJUNCTION

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v.
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WASHINGTON POTATO COMPANY;
OREGON POTATO COMPANY; FRANK
TIEGS; and DOES 1 THROUGH 10,

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Defendants.
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I.

STIPULATION

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The parties, by and through undersigned counsel, hereby stipulate as follows:

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Pending briefing and argument on Plaintiff’s Motion for Temporary Restraining Order

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and Preliminary Injunction [Dkt. 75] (the “Motion”) (on a date and schedule to be determined)

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and pending the Court’s ruling on the Motion, Defendants and those acting on their behalf and

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at their direction shall not:

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1.

Undertake any actions based upon, or in furtherance of, WPC’s attempt to
unilaterally declare WPC the owner of Plaintiff’s ownership in Pasco
Processing;

2.

Otherwise undertake any actions with respect to the management of Pasco
Processing LLC (“Pasco”) that are inconsistent with Simplot owning a
membership interest in Pasco, including making any statements to Pasco
employees, vendors, customers, or lenders to the effect that Simplot does not
own any interest in Pasco;

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STIPULATION AND ORDER
(Case. No. No. 2:16-cv-01851-RSM) - 1

Davis Wright Tremaine LLP
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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3.

Undertake any acts to disrupt supply to Plaintiff from Pasco, Gem State
Processing, LLC and/or any other source;

4.

Undertake any acts to acquire Plaintiff’s ownership in Pasco outside of
resolution through litigation.

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By so stipulating, Defendants in no way concede the merits of the Motion, nor do they consent
to the Court’s jurisdiction, which they contest. [Dkt. 49]. Nothing in this Stipulation shall
preclude Defendants from taking any action in this case or other pending litigation.
DATED this 23rd day of March, 2017.

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DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendants Washington Potato
Co., Oregon Potato Co., and
Frank Tiegs

YARMUTH WILSDON PLLC
Attorney for Plaintiff J.R. Simplot Company

By s/ Brad Fisher
Brad Fisher, WSBA # 19895
Jaime Drozd Allen, WSBA # 35742
[e-mail]
[e-mail]

By s/ Jeremy E. Roller (via email authorization)
Jeremy E. Roller, WSBA # 32021
Diana S. Breaux, WSBA # 46112
[e-mail]
[e-mail]

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THOMPSON COBURN, LLP
Attorneys for Plaintiff J.R. Simplot Company

By s/ Robert H. Lang (via email authorization)
Robert H. Lang (Pro Hac Vice)
Kimberly M. Bousquet (Pro Hac Vice)
[e-mail]

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STIPULATION AND ORDER
(Case. No. No. 2:16-cv-01851-RSM) - 2

Davis Wright Tremaine LLP
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

II.
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ORDER

Based on the above Stipulation and subsequent communication from counsel for the
parties, the Court will now construe Plaintiff’s Motion for Temporary Restraining Order and
Preliminary Injunction (Dkt. #75) as a Motion for Preliminary Injunction only. This Motion
shall be renoted by the Clerk for consideration on April 14, 2017, as set forth in Local Rule
7(d)(3). Any opposition or reply papers shall be filed and served by the deadlines set in that
Local Rule.
DATED this 23rd day of March 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER
(Case. No.
972.01 rc231502 No. 2:16-cv-01851-RSM) - 3

Davis Wright Tremaine LLP
L AW O F FI CE S
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax