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

BARBARA JACOBS ROTHSTEIN, District 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:

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 Monrovia headquarters or O'Melveny & Myers LLP's Downtown Los Angeles office for the rest).

3. Trader Joe's will file its motion for preliminary injunction no earlier than June 5, 2017.

4. With respect to Trader Joe's preliminary injunction motion, the page limits shall be as follows: 24 pages for Trader Joe's opening motion, 24 pages for Mr. Hallatt's opposition, and 12 pages for Trader Joe's reply.

5. This Joint Stipulation, and the parties' agreement thereto, may not be used, cited, or relied upon by either party in support of, or in opposition to, any future motion or at trial, including in any discovery motion, Daubert motion, motion in limine, motion for injunctive relief, Trader Joe's anticipated preliminary injunction motion, or motion for other relief. In particular, Mr. Hallatt agrees not to contend that Trader Joe's willingness to extend these deadlines is evidence of lack of irreparable harm, that the balance of hardships does not favor entry of a preliminary injunction, or that a preliminary injunction would not serve the public interest.

ORDER

IT IS SO ORDERED.