Opinion
Case No. 3:10-cv-01192 JSW (EDL)
10-19-2011
ELLIOT ZEISEL, on behalf of himself and all others similarly situated, Plaintiffs, v. DIAMOND FOODS, INC., a Delaware corporation, Defendant.
Jeffrey J. Lederman (SBN: 104622) Jeffrey S. Bosley (SBN: 167629) Amanda L. Groves (SBN: 187216) Lindsay C. Llewellyn (SBN: 257936) Sean D. Meenan (SBN: 260466) WINSTON & STRAWN LLP Attorneys for Defendant DIAMOND FOODS, INC.
Jeffrey J. Lederman (SBN: 104622)
Jeffrey S. Bosley (SBN: 167629)
Amanda L. Groves (SBN: 187216)
Lindsay C. Llewellyn (SBN: 257936)
Sean D. Meenan (SBN: 260466)
WINSTON & STRAWN LLP
Attorneys for Defendant
DIAMOND FOODS, INC.
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
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
Judge: Honorable Jeffrey S. White
Date Complaint Filed: March 22, 2010
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. withdraws, without prejudice, the following: (1) the Declaration of Sarah Roller in Support of Defendant's Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment ("Roller Declaration") (DE 188), and all exhibits thereto; (2) paragraphs 10 through 12 and Exhibit I of the Declaration of Jeffrey S. Bosley in Support of Defendant's Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment ("Bosley Declaration") (DE 187); and (3) the following portions of Defendant Diamond Foods, Inc.'s Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment ("Motion for Summary Judgment") (DE 186): (a) Page 1, line 28, all of the words after "In 2001," through the end of the line; (b) Page 2, all of lines 1-2; and (c) Page 2, line 3, all of the words before "(Declaration . . .." Because Diamond is withdrawing the information listed above, it requests that this information not be publicly filed with the Court.
WINSTON & STRAWN LLP
By: 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
DIAMOND'S MOTION FOR SUMMARY JUDGMENT. DIAMOND SHALL
MAKE ARRANGEMENTS WITH THE COURT'S DOCKETING CLERK,
HILARY JACKSON, TO RETRIEVE THE DOCUMENTS THAT HAVE
BEEN WITHDRAWN.