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Wm. Bolthouse Farms, Inc., Houston Casualty Co., and v. Ecolab

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION


May 2, 2011

WM. BOLTHOUSE FARMS, INC., HOUSTON CASUALTY CO., AND
LIBERTY SURPLUS INSURANCE CORP. PLAINTIFFS,
v.
ECOLAB, INC.
DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

BOWMAN AND BROOKE LLP Gregory P. Gilmer (SBN 212067) Marion V. Mauch (SBN 253672) 879 West 190th Street, Suite 700 Gardena, CA 90248-4227 Telephone No.: (310) 768-3068 Facsimile No.: (310) 719-1019 BOWMAN AND BROOKE LLP Richard G. Morgan (admitted pro hac vice)Ryan L. Nilsen (admitted pro hac vice) 150 South Fifth Street, Suite 3000 Minneapolis, MN 55402 Telephone No.: (612) 339-8682 Facsimile No.: (612) 672-3200 Attorneys for Defendant ECOLAB INC.

Assigned to: Judge Oliver W. Wanger Courtroom: "3" (7th Floor)

STIPULATION AND ORDER RE PLAINTIFF WM. BOLTHOUSE FARMS INC. WITHDRAWING ITS MOTION TO STRIKE DEFENDANT ECOLAB INC.'S AFFIRMATIVE DEFENSES AND FILING OF DEFENDANT ECOLAB INC.'S FIRST AMENDED ANSWER Action Filed: December 9, 2010 Trial Date: None set

WHEREAS, on December 9, 2010, Plaintiffs Wm. Bolthouse Farms, Inc. ("Bolthouse"), Houston Casualty Co. and Liberty Surplus Insurance Corp. (collectively "Plaintiffs") filed their Complaint against Defendant Ecolab Inc. ("Ecolab").

WHEREAS, on February 4, 2011, Ecolab filed its Answer.

WHEREAS, on February 28, 2011, Bolthouse filed its Notice of Motion and Motion to Strike Defendant's Affirmative Defenses, scheduled to be heard on May 9, 2011, at 10:00 a.m. in Courtroom 3.

WHEREAS, on April 26, 2011, Ecolab filed its Opposition to Bolthouse's Motion to Strike Defendant's Affirmative Defenses and Counter Motion for Leave to File a First Amended Complaint.

WHEREAS, the parties have met and conferred regarding the issues raised in the Motion, Opposition and Counter Motion.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that Bolthouse withdraws its Motion to Strike Defendant's Affirmative Defenses and vacates the hearing set for May 9, 2011.

IT IS FURTHER STIPULATED that Ecolab's First Amended Answer may be filed.

IT IS SO STIPULATED.

IT IS SO ORDERED.

20110502

© 1992-2011 VersusLaw Inc.



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