Opinion
CASE NO. 4:11-CV-4791 JCS
10-24-2011
JEFFREY ROBB, et al., Plaintiffs, v. NATIONAL MILK PRODUCERS FEDERATION, et al. Defendants.
HAGENS BERMAN SOBOL SHAPIRO LLP Elaine T. Byszewski (SBN222304) Attorneys for Plaintiffs EIMER STAHL KLEVORN & SOLBERG LLP Nathan P. Eimer Attorneys for Defendant Land O'Lakes, Inc. BOND SCHOENECK & KING, PLLC Edward R. Conan Attorney for Defendant Dairylea Cooperative, Inc. [Additional Counsel listed on signature page] WILLIAMS & CONNOLLY LLP Steven R. Kuney Attorney for Defendant Dairy Farmers of America, Inc.
HAGENS BERMAN SOBOL SHAPIRO LLP
Elaine T. Byszewski (SBN222304)
Attorneys for Plaintiffs
EIMER STAHL KLEVORN & SOLBERG LLP
Nathan P. Eimer
Attorneys for Defendant Land O'Lakes, Inc.
BOND SCHOENECK & KING, PLLC
Edward R. Conan
Attorney for Defendant Dairylea
Cooperative, Inc.
[Additional Counsel listed on signature page]
WILLIAMS & CONNOLLY LLP
Steven R. Kuney
Attorney for Defendant Dairy Farmers of
America, Inc.
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
Whereas, on September 27, 2011, Jeffrey Robb filed his Class Action Complaint for Violations of state antitrust statutes and the common law of unjust enrichment against the National Milk Producers Federation, aka Cooperative Working Together, the Dairy Farmers of America, Inc., Land O' Lakes, Inc., Dairylea Cooperative Inc., and Agri-Mark, Inc.;
Whereas Dairy Farmers of America, Inc. ("DFA") and Land O' Lakes, Inc. ("LOL") were served with the Class Action Complaint on September 27, 2011, and Dairylea Cooperative Inc. ("Dairylea") was served with the Class Action Complaint on September 27, 2011 (DFA, LOL, and Dairylea collectively "Defendants" for purposes of this stipulation);
Whereas the parties have conferred and jointly move the Court for an extension of Defendants' time to answer or otherwise respond to Plaintiffs' complaints in the following related actions: Edwards, et al. v. National Federation of Milk Producers, et al., Case No 4:10-cv-4766 (DMR) and Robb, et al v. National Milk Producers Federation, et al., Case No 3:11-cv-4791(JCS).
Whereas Counsel for plaintiffs have advised counsel for Defendants that another related action will be filed with this Court by October 28, 2011, to add named plaintiffs from indirect states already listed in the above-referenced complaints; and the parties accordingly believe that the interests of judicial economy and efficiency will be served if each Defendant is permitted to answer or otherwise respond collectively to all of the related complaints filed in this Court.
Whereas the parties believe that meeting and conferring regarding a discovery plan and other case management issues would be more productive after Defendants have responded to the Complaint and/or after any motion practice has been resolved; and the parties accordingly believe the case management conference should be continued to a date on or after March 30, 2012, with the deadline to meet and confer pursuant to Federal Rule of Civil Procedure 26(f) (and ADR process selection) set for 21 days prior to the case management conference, and with the deadline for the parties' Rule 26(f) report, initial disclosures, and joint case management statement set for 10 days prior to the conference.
Defendants and Plaintiffs, through their respective Counsel, HEREBY STIPULATE AND AGREE AS FOLLOWS:
1. Defendants deadline to respond to Plaintiffs' complaints in the Edwards, et al. v. National Federation of Milk Producers, et al., Case No 4:10-cv-4766 (DMR) and Robb, et al v. National Milk Producers Federation, et al., Case No 3:11-cv-4791(JCS) and forthcoming related action: 21 days following service of last filed complaint on October 28, 2011, plus an additional 30 days, or by December 19, 2011.
2. Plaintiffs' opposition or response to Defendants' filing: 60 days after Defendants' filing, or by February 17, 2012.
3. Defendants' reply to any opposition or response of Plaintiffs: 30 days after Plaintiffs' filing, or by March 19, 2012.
4. The initial case management conference: on or after March 30, 2012, with the deadline to meet and confer pursuant to Federal Rule of Civil Procedure 26(f) (and ADR process selection) set for 21 days prior to the case management conference, and that deadline for the parties' Rule 26(f) report, initial disclosures, and joint case management statement set for 10 days prior to the conference.
Respectfully submitted,
HAGENS BERMAN SOBOL SHAPIRO LLP
By: Elaine T. Byszewski
HAGENS BERMAN SOBOL SHAPIRO LLP
Steve W. Berman (pro hac vice)
George W. Sampson (pro hac vice)
HAGETNHS BERMAN SOBOL SHAPIRO LLP
Attorneys for the Plaintiffs
WILLIAMS & CONNOLLY LLP
By: Steven R. Kuney
WILLIAMS & CONNOLLY LLP
BAKER & MILLER PLLC
By: W. Todd Miller
Attorneys for Defendant Dairy Farmers of America,
Inc.
EFMER STAHL KLEVORN & SOLBERG LLP
By: Nathan P. Eimer
EIMER STAHL KLEVORN & SOLBERG LLP
Attorneys for Defendant Land O' Lakes, Inc.
BOND SCHOENECK & KING, PLLC
By: Edward R. Conan
BOND SCHOENECK & KING, PLLC
Attorney for Defendant Dairylea Cooperative, Inc. I, Elaine T. Byszewski, attest that concurrence in the filing of this document has been obtained from each of the other signatories. PURSUANT TO STIPULATION, IT IS SO ORDERED: The Court FURTHER ORDERS that the case management conference is CONTINUED to April 6, 2012 at 1:30 p.m.
Magistrate Judge Joseph C. Spero