Trader Joe's Co. v. Hallatt

          STIPULATION AND ORDER TO (1) EXTEND CASE DEADLINES AND (2) ENLARGE PAGE LIMITS FOR TRADER JOE'S PRELIMINARY INJUNCTION MOTION

          Barbara Jacobs Rothstein U.S. District Court Judge

         This Joint Stipulation to (1) Extend Case Deadlines and (2) Enlarge Page Limits for Trader Joe's Motion for Preliminary Injunction between Plaintiff Trader Joe's Company (“Trader Joe's” or “Plaintiff”), on the one hand, and Defendant Michael Norman Hallatt d/b/a Pirate Joe's a/k/a Transilvania Trading (“Mr. Hallatt” or “Defendant”), on the other hand, is made with respect to the following facts and recitals:

         WHEREAS, on December 20, 2016, the Court entered a scheduling order (Dkt. No. 58) in this action;

         WHEREAS, on May 9, 2017, on the parties' stipulated request, the Court entered an order (Dkt. No. 74) extending the following deadlines: (1) the deadline for the close of non- expert discovery, solely to allow the parties to complete five remaining depositions (Defendant Michael Hallatt; Trader Joe's employees Nicole Kendall, Carla Hechler, and Matt Sloan; and third party World Class Distribution, Inc.) from May 17, 2017 to June 7, 2017; (2) the Initial Expert Disclosure & Report Deadline from June 7, 2017 to June 21, 2017; and (3) the Rebuttal Expert Disclosure & Report Deadline from June 28, 2017 to July 12, 2017;

         WHEREAS, Mr. Hallatt's deposition is currently scheduled to take place on May 25 and 26, 2017, and the depositions of Ms. Kendall, Ms. Hechler, Mr. Sloan, and World Class Distribution, Inc. are currently scheduled to take place from May 30 to June 1, 2017;

         WHEREAS, on May 12, 2017, counsel for Trader Joe's informed Nathan Alexander of Dorsey & Whitney LLP, then counsel of record for Mr. Hallatt, that, shortly after close of fact discovery, Trader Joe's intended to move for a court order preliminarily enjoining Mr. Hallatt from reselling Trader Joe's food products at his current location (3744 West 10th Street) or at any other location, and asked whether Mr. Hallatt would join a joint request to the Court to extend the page limit for Trader Joe's motion and Mr. Hallatt's opposition from 15 pages to 24 pages and the page limit for Trader Joe's reply from 10 pages to 12 pages, in view of the complexity of the issues likely to be raised in those briefs;

         WHEREAS, during the parties' May 18, 2017 telephonic conference on Trader Joe's anticipated preliminary injunction motion, Mr. Alexander informed Trader Joe's counsel that he and his firm would be withdrawing from representation of Mr. Hallatt and that Mike Matesky of Matesky Law PLLC and Michael G. Atkins of Atkins Intellectual Property, PLLC would be representing Mr. Hallatt moving forward. In view of their recent entrance into the case, Mr. Matesky and Mr. Atkins requested Trader Joe's delay filing its preliminary injunction motion by two weeks and that Trader Joe's join in a stipulated request to extend certain deadlines;

         WHEREAS, on May 19, 2017, Mr. Matesky filed a notice of appearance on behalf of Mr. Hallatt (Dkt. No. 77) and Mr. Alexander filed a motion to withdraw as Mr. Hallatt's attorney (Dkt. No. 78);

         WHEREAS, the parties have agreed on a case schedule that provides Mr. Matesky and Mr. Atkins with additional time to enter the case, that does not prejudice Trader Joe's or its anticipated preliminary injunction motion, and that minimizes any inconvenience to the Court;

         WHEREAS, the parties have also agreed on extending the page limits related to Trader Joe's anticipated preliminary injunction motion, in view of the fact that said motion will concern the quality control practices of both Trader Joe's and Mr. Hallatt and will require both parties to address Trader Joe's likelihood of success on the merits of its claims, whether Trader Joe's will suffer irreparable harm absent a preliminary injunction, whether the balance of hardships favors a preliminary injunction, and whether a preliminary injunction would serve the public interest; and

         WHEREAS, in light of the above, the parties believe that good cause exists for entry of the following stipulation; NOW THEREFORE, by and through the undersigned counsel, the parties stipulate and agree as follows, subject to the Court's approval:

         1. Good cause appearing, the case schedule be adjusted as follows:

Event	Current Date	New Date
Deposition of Mr. Hallatt (two days per Dkt. No. 55)	5/25/2017 and 5/26/2017	6/6/2017 for first day and no later than 8/7/2017 for second day
Depositions of Sloan, Hechler, Kendall, and World Class Distribution	By 6/7/2017	6/14/2017 to 6/16/2017; completed no later than 8/7/2017
Initial expert disclosure & report deadline	6/21/2017	8/18/2017
Rebuttal expert disclosure & report deadline	7/12/2017	9/8/2017
Close of expert discovery including noticing deadline for discovery motions)	8/4/2017	10/3/2017
Filing deadline for dispositive motions & Dauberts	8/17/2017	10/12/2017
Deadline for opposition briefing	9/7/2017	11/2/2017
Deadline for reply briefing	9/28/2017	11/16/2017
Filing deadline for MILs	10/4/2017	11/30/2017
Filing deadline for oppositions to MILs	10/11/2017	12/7/2017

         2. As previously agreed, Mr. Hallatt's deposition will take place at the noticed location (Yarmuth Wilsdon's Seattle office) and the depositions of Trader Joe's witnesses and World Class Distribution's witness will take place at the agreed-upon locations (Trader Joe's Monrovia headquarters for Ms. Kendall and Trader Joe's ...