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Elliot Zeisel, On Behalf of Himself and All Others Similarly Situated v. Diamond Foods

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 19, 2011

ELLIOT ZEISEL, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
DIAMOND FOODS, INC., A DELAWARE CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge: Honorable Jeffrey S. White

ORDER RE DEFENDANT DIAMOND FOODS, INC.'S NOTICE OF WITHDRAWAL OF THE DECLARATION OF SARAH ROLLER IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR IN THE 18 ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT, AND THE EXHIBITS THERETO, EXCERPTS OF AND EXHIBIT I TO THE DECLARATION OF JEFFREY S. BOSLEY IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT, AND PORTIONS OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT

Date: March 2, 2012 Time: 9:00 a.m.

Place: Courtroom 11, Nineteenth Floor

Date Complaint Filed: March 22, 2010

DIAMOND'S NOTICE OF WITHDRAWAL OF THE DECLARATION OF SARAH ROLLER ISO MSJ, AND THE EXHIBITS THERETO, EXCERPTS OF AND EXHIBIT I TO THE DECLARATION OF JEFFREY S. BOSLEY ISO MSJ, AND PORTIONS OF THE MSJ CASE NO. 3:10-CV-01192 JSW (EDL)

TO THE COURT, PLAINTIFF, AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that in accordance with this Court's October 11, 2011 Order Denying Administrative Motion to Seal (Docket Entry ("DE") 192), Diamond Foods, Inc. 4 withdraws, without prejudice, the following: (1) the Declaration of Sarah Roller in Support of 5 Defendant's Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment 6 ("Roller Declaration") (DE 188), and all exhibits thereto; (2) paragraphs 10 through 12 and Exhibit I 7 of the Declaration of Jeffrey S. Bosley in Support of Defendant's Motion for Summary Judgment, or 8 in the Alternative, for Partial Summary Judgment ("Bosley Declaration") (DE 187); and (3) the 9 following portions of Defendant Diamond Foods, Inc.'s Motion for Summary Judgment, or in the 10 Alternative, for Partial Summary Judgment ("Motion for Summary Judgment") (DE 186): (a) Page 11 1, line 28, all of the words after "In 2001," through the end of the line; (b) Page 2, all of lines 1-2; Winston & Strawn LLP California Street San Francisco, CA 94111-5802 12 and (c) Page 2, line 3, all of the words before "(Declaration . . .." Because Diamond is withdrawing 13 the information listed above, it requests that this information not be publicly filed with the Court.

Dated: October 18, 2011 WINSTON & STRAWN LLP By: /s/ Jeffrey J. Lederman Jeffrey S. Bosley Jeffrey J. Lederman Amanda L. Groves Attorneys for Defendant DIAMOND FOODS, INC

PURSUANT TO DIAMOND'S NOTICE, THE REDACTED VERSION OF THE MOTION FOR SUMMARY JUDGMENT AND THE BOSLEY DECLARATION SHALL BE DEEMED TO BE THE ORIGINALS OF 22 21 DIAMOND'S MOTION FOR SUMMARY JUDGMENT. DIAMOND SHALL MAKE ARRANGEMENTS WITH THE COURT'S DOCKETING CLERK, 23 HILARY JACKSON, TO RETRIEVE THE DOCUMENTS THAT HAVE 24 BEEN WITHDRAWN. 25 October 19, 2011

20111019

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