MIXT GREENS, a California Corporation,

Plaintiff,

v.

SPROUT CAFÉ, an entity of unknown origin,

Defendant.

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JEFFREY H. LOWENTHAL (SBN 111763)

EDWARD EGAN SMITH (SBN 169792)

HENRY A. CIRILLO (SBN 131527)

STEYER LOWENTHAL BOODROOKAS

ALVAREZ & SMITH LLP

One California Street, Third Floor

San Francisco, CA 94111

T: 415.421.3400

F: 415.421.2234

Attorneys for Plaintiff MIXT GREENS

E-mail: hcirillo@steyerlaw.com

IAN FRASER-THOMSON (SBN 73526)

STEPHEN L. DAHM (SBN 114745 )

MARGARET M. LESNIAK (ON 219542)

CESARI, WERNER and MORIARTY

360 Post Street, Fifth Floor

San Francisco CA 94108

T: 415.391.1113

F: 415.391.4626

5313-5-10-14

Attorneys for Defendant SPROUT CAFE

E-mail: ift@cwmlaw.com

sdahm(acwmlaw.com

mlesniak@cwmlaw.com

CASE NO. C 08-05175-EMC

STIPULATION AND [PROPOSED]

ORDER TO AMEND FIRST AMENDED

CASE MANAGEMENT ORDER

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

WHEREAS, this Court entered the First Amended Case Management And Pretrial Order For

Jury Trial on August 5, 2009 (Document No. 32) (the "Case Management Order");

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Stipulation And [Proposed] Order To Amend First Amended Case Management Order

Case 3:08-cv-05175-EMC Document 96 Filed 07/21/10 Page 1 of 5
WHEREAS, the parties have requested that the Court permit them time to participate in

good faith settlement discussions before a neutral Magistrate Judge of this District;

WHEREAS, the Court granted that request, and appointed Magistrate Judge Donna M. Ryu

to conduct and supervise the settlement discussions of the parties;

WHEREAS, on July 14, 2010, the Court granted plaintiff's Motion For Leave To File First

Amended Complaint;

WHEREAS, defendant Sprout Café has requested additional time to respond to the amended

complaint and prepare'appropriate dispositive motions to be heard by the Court;

WHEREAS, the parties require additional time to conduct appropriate discovery in this

action;

THEREFORE, the parties hereby stipulate and respectfully request that the Court amend the

Case Management Order as follows:

1. TRIAL:

a. Jury trial is reset from 10/18/2010 to 1/24/2011 at 8:30 AM in Courtroom

1), 15's Floor, 450 Golden Gate, San Francisco, California.

2. DISCOVERY

a. All non-expert discovery shall be completed by 9/17/2010;

b. Experts shall he disclosed and reports provided by plaintiff and defendant by

9/27/2010;

c. Rebuttal experts shall be disclosed and reports provided by 10/11/2010;

d. All discovery from experts shall be completed by 10/25/2010.

3. MOTIONS 

a, The last day for hearing dispositive motions shall be 11/10/2010.

4. PRETRIAL CONFERENCE

a. A pretrial conference shall be held on 1/12/2011 at 3:00 p.m. in Courtroom

C, 1511' Floor, 450 Golden Gate, San Francisco, California;

b. On 11/22/10, lead counsel shall meet and confer regarding the topics set forth

in the Case Management Order at ¶5(b);

c. On 12/3/2010, counsel and/or the parties shall serve and file a joint pretrial

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Stipulation And [Proposed] Order To Amend First Amended Case Management Order

Case 3:08-cv-05175-EMC Document 96 Filed 07/21/10 Page 2 of 5
BY: Alitt Aiad

MrerR-THOMSON

• PHEN L. DAHM

MARGARET M. LESNIAK

Attorneys for Defendant

SPROUT CAFE

conference statement that includes the pretrial disclosures required by Federal

Rule of Civil Procedure 26(a)(3) as well as the other disclosures and topics set

forth in the Case Management Order at ¶5(c);

d. On 12/17/2010, after meeting and conferring in a good faith attempt to resolve

any objections, counsel and/or parties shall serve and file the items set forth in

the Case Management Order at ¶5(d). No replies shall be filed.

e. All motions in limine and objections shall be heard at the pretiral conference.

5. All other provisions of the Case Management Order not specifically amended herein

shall remain in MI force and effect.

STEYER LOWENTHAL BOOKROOKAS

ALVAREZ & SMITH LLP

e ernjpg eta_ n-•

JEF H. LOWENTHAL

ED ARD EGAN SMITH

HENRY A. CIRILLO

Attorneys for Plaintiff

MIXT GREENS

CESARI, WERNER and MORIARTY

Dated: July 20, 2010

Dated: July 20, 2010

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Stipulation And [Proposed] Order To Amend First Amended Case Management Order

Case 3:08-cv-05175-EMC Document 96 Filed 07/21/10 Page 3 of 5
ORDER

IT IS SO ORDERED on this day of July, 2010

MAGISTRATE JUDGE EDWARD M. CHEN

UNITED STATE DISTRICT COURT

Stipulation And [Proposed] Order To Amend First Amended Case Management Order

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Case 3:08-cv-05175-EMC Document 96 Filed 07/21/10 Page 4 of 5
CERTIFICATE OF SERVICE 

I hereby certify that on July 20, 2010, I caused a true and correct copy of

STIPULATION AND [PROPOSED] ORDER

TO AMEND FIRST AMENDED

CASE MANAGEMENT ORDER

to be served via the Court's ECF system on all counsel registered for ECF in this case.

/s/ Linda Rorem

Linda Rorem

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STIPULATION AND [PROPOSED] ORDER TO AMEND FIRST AMENDED CASE MANAGEMENT ORDER

Case 3:08-cv-05175-EMC Document 96 Filed 07/21/10 Page 5 of 5