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Chocoladefabriken Lindt & Sprungli AG v. Hershey Co.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


October 21, 2009

CHOCOLADEFABRIKEN LINDT & SPRUNGLI AG, ET AL., PLAINTIFFS,
v.
THE HERSHEY COMPANY, ET AL., DEFENDANTS.
THE HERSHEY COMPANY, ET AL., COUNTERCLAIM-PLAINTIFFS,
v.
CHOCOLADEFABRIKEN LINDT & SPRUNGLI AG, ET AL., COUNTERCLAIM-DEFENDANTS.

The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Court Judge

STIPULATION AND [PROPOSED] AMENDED PRETRIAL PREPARATION ORDER

The Honorable Judge Maxine M. Chesney

Confectionery Corporation (hereinafter collectively referred to as "Hershey") and Plaintiffs- Company (hereinafter collectively referred to as "Lindt") hereby stipulate as follows:

suspended for thirty days all deadlines in the case as set forth in the Court's March 30, 2009

Pretrial Preparation Order, so that the parties could focus on settlement, and which further provided that the parties could submit a joint and stipulated case schedule on or before

Defendants-Counterclaim-Plaintiffs The Hershey Company and Hershey Chocolate & Counterclaim-Defendants Chocoladefabriken Lindt & Sprungli AG and Ghirardelli Chocolate

WHEREAS, on September 2, 2009, the Court granted the parties' proposed order which October 15, 2009;

have not executed a settlement agreement.

record and with good cause having been shown, and respectfully request that the Court revise the dates set forth in the March 30, 2009 Pretrial Preparation Order as follows:

for hearing 35 days thereafter.

WHEREAS, the parties are continuing to work towards a final settlement agreement but

NOW THEREFORE, the parties hereby stipulate and agree, through their counsel of

JURY TRIAL DATE: Monday, November 15, 2010 at 9:00 a.m., Courtroom 7, 19th floor.

NON-EXPERT DISCOVERY CUTOFF: April 12, 2010.

DESIGNATION OF EXPERTS:

Plaintiff/Defendant: No later than March 1, 2010. Plaintiff/Defendant: Expert Reports no later than March 15, 2010.

Plaintiff/Defendant: Rebuttal Expert Reports no later than May 10, 2010.

EXPERT DISCOVERY CUTOFF: June 10, 2010.

DISPOSITIVE MOTIONS shall be filed no later than July 30, 2010, and shall be noticed

PRETRIAL CONFERENCE DATE: November 1, 2010 at 3:00 p.m.

MEET AND CONFER (Civil L.R. 16-10(b)(5)): Lead trial counsel shall meet and confer no later than September 24, 2010.

FURTHER STATUS CONFERENCE: Friday, September 10, 2010 at 10:30 a.m.

FURTHER STATUS CONFERENCE STATEMENT DUE: Friday, September 3, 2010.

IT IS SO STIPULATED:

DATED: October 15, 2009 PERKINS COIE LLP Jason A. Yurasek Attorneys for Plaintiffs CHOCOLADEFABRIKEN LINDT & SPRUNGLI AG and GHIRARDELLI CHOCOLATE COMPANY

DATED: October 15, 2009 KAYE SCHOLER LLP Aton Arbisser Attorneys for Defendants

THE HERSHEY COMPANY and HERSHEY CHOCOLATE & CONFECTIONERY CORPORATION

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED., with the exception that the Pretrial Conference is set for Tuesday, November 2, 2009, at 3:00 p.m.

ATTESTATION

I hereby attest that express concurrence in the filing of this document has been obtained from the other signatory whose conformed signature appears on this efiled document.

DATED: October 15, 2009 PERKINS COIE LLP Jason A. Yurasek

20091021

© 1992-2009 VersusLaw Inc.



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