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Matthew Edwards, et al. v. National Milk Producers Federation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 24, 2012

MATTHEW EDWARDS, ET AL.
PLAINTIFFS,
v.
NATIONAL MILK PRODUCERS FEDERATION, AKA COOPERATIVES WORKING TOGETHER; DAIRY FARMERS OF AMERICA, INC.;
LAND O'LAKES, INC. DAIRYLEA COOPERATIVE INC.; AND AGRI-MARK, INC.
DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey S. White, United States District Judge

WILLIAM S. FARMER (SBN 46694) JACOB P. ALPREN (SBN 235713) COLLETTE ERICKSON FARMER & O'NEILL LLP 235 Pine Street, Suite 1300 San Francisco CA 94104 Telephone: (415) 788-4646 Fax: (415) 788-6929 Email: wfarmer@collette.com EDWARD R. CONAN (Pro Hac Vice) SUZANNE O. GALBATO (Pro Hac Vice) BOND, SCHOENECK & KING, PLLC One Lincoln Center Syracuse, NY 13202 Telephone: (315) 218-8000 Fax: (315) 218-8100 Email: econan@bsk.com Email: sgalbato@bsk.com Attorneys for Defendant DAIRYLEA COOPERATIVE INC.

STIPULATION AND [PROPOSED] ORDER ALLOWING DEFENDANT DAIRYLEA MOTION TO DISMISS PLAINTIFFS' FIRST COOPERATIVE INC. TO WITHDRAW ITS PERSONAL JURISDICTION PURSUANT TO AMENDED COMPLAINT FOR LACK OF FED. R. CIV. P. 12(B)(2)

Dated: May 23, 2012

COLLETTE ERICKSON FARMER & O'NEILL LLP

Counsel for Defendant Dairylea Cooperative Inc. ("Dairylea") and for Plaintiffs and the Proposed Classes in these consolidated actions ("Plaintiffs"), do hereby stipulate as follows:

WHEREAS Dairylea filed and served a Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(2) on December 22, 2011, in this action, Case No. 11-cv-04766 (Document 63);

WHEREAS Dairylea now wishes to withdraw the aforementioned Motion;

THEREFORE, Dairylea and Plaintiffs, by their respective undersigned counsel, stipulate and agree as follows:

Dairylea will concurrently file an Administrative Motion seeking an Order from the Court allowing it to withdraw its Motion to Dismiss Plaintiffs' First Amended Complaint. Plaintiffs do not and will not oppose Dairylea's Administrative Motion and support Dairylea's efforts to have the Motion withdrawn.

PURSUANT TO STIPULATION IT IS SO ORDERED.

ATTESTATION PURSUANT TO GENERAL ORDER

I, William S. Farmer, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto.

Dated: May 23, 2012 By: /s/ William S. Farmer

20120524

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