STIPULATION AND ORDER RE EXTENSION OF TIME TO ANSWER THE SECOND AMENDED COMPLAINT
Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, California Fruit and Tomato Kitchens, LLC and The Morning Star Company (collectively, "Plaintiffs") and defendants Los Gatos Tomato Products and Stuart Woolf (collectively, "Defendants"), by and through their respective counsel of record, hereby submit the following stipulation and proposed order pursuant to Local Rule 144(a).
WHEREAS, Plaintiffs filed a second amended complaint in the above-captioned case on December 6, 2010;
WHEREAS, counsel stipulated to an initial extension of time to respond to the second amended complaint on December 22, 2010, which was followed by briefing on a motion to dismiss;
WHEREAS, on September 30, 2011, the Court issued an order denying Defendants' motion to dismiss the second amended complaint, which makes Defendants' answer currently due on or before October 14, 2011;
WHEREAS, counsel for the parties have agreed to and hereby stipulate for a second time to extend the time for Defendants to answer the second amended complaint;
THEREFORE, Plaintiffs and Defendants, by and through their respective counsel of record, hereby stipulate as follows:
Defendants shall file and serve an answer to the second amended complaint on or before Friday, October 28, 2011.
WEINTRAUB GENSHLEA CHEDIAK Law Corporation
By: /s/ - Dale
Campbell Dale Campbell Attorneys for Plaintiffs The Morning Star
Packing Company, Liberty Packing Company, LLC, California Fruit &
Tomato Kitchens, LLC, and The Morning Star Company Dated: October 14, 2011 GIBSON, DUNN & CRUTCHER By: /s/ - George
A. Nicoud III George A. Nicoud III Attorneys for Defendant Los Gatos
Tomato Products Dated: October 14, 2011 COLLETTE ERICKSON FARMER & O'NEILL LLP By: /s/ -
William Farmer William Farmer Attorneys for Defendant Stuart Woolf