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California Natural Products, A California Corporation v. Campbell Soup Supply Company

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 5, 2013

CALIFORNIA NATURAL PRODUCTS, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
CAMPBELL SOUP SUPPLY COMPANY, LLC, ORGANIZED UNDER THE LAWS OF DELAWARE, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

ORDER*fn1

Plaintiff moves for permission "to file a short sur-reply and supporting supplemental declaration of Rick Elliott . . . to address [Defendant]'s new arguments." (Pl.'s Mot. Req. Permission to File a Sur-Reply ("Pl.'s Mot.") 3:4--6, ECF No. 33.) Defendant opposes the motion but requests that, "if the Court grants [Plaintiff] the right to file its sur-reply, the Court should allow [Defendant] an opportunity to file a substantive response." (Def.'s Opp'n to Pl.'s Mot. ("Def.'s Opp'n") 1:26--27, ECF No. 35.)

Plaintiff is permitted Sur-Reply and supporting Supplemental Declaration of Rick Elliott, which were attached to Plaintiff's motion as Exhibits A and B, respectively, are hereby deemed filed as Plaintiff requests. (Pl.'s Mot., Exs. A, B.) Further, Defendant's request for the "opportunity to file a substantive response" is granted. (Def.'s Opp'n 1:27.) Defendant shall file its response to Plaintiff's Sur-Reply no later than February 15, 2013.


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