Free Stipulation - District Court of Colorado - Colorado

Case 1:04-cv-00329-WYD-CBS

Document 341

Filed 04/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00329-WYD-CBS CACHE LA POUDRE FEEDS, LLC Plaintiff, v. LAND O' LAKES, INC.; LAND O' LAKES FARMLAND FEED, LLC.; AMERICAN PRIDE CO-OP; POUDRE VALLEY COOPERATIVE ASSOCIATION, INC.; FRANK BEZDICEK; ROBERT DeGREGORIO Defendants. STIPULATION REGARDING FINAL PRETRIAL ORDER The parties, through their undersigned counsel, hereby stipulate as follows: 1) On April 5, 2007, the Court held a status conference at which time the Court

discussed with the parties the claims that were stated in the Third Amended Complaint and the characterization of those claims in the Pretrial Order. In the proposed Pretrial Order submitted on November 8, 2006, Plaintiff characterized its claim for "unfair competition" as one including "false designation, disparagement, infringement, misappropriation, false representation, and unfair business practices." See Joint Proposed Pretrial Order, dated November 8, 2006, ECF #300, p. 3, ¶ 5. 2) During the April 5 conference, the Court indicated that the claims set forth in the

Pretrial Order will reflect the claims that Plaintiff alleged in its Third Amended Complaint.

Case 1:04-cv-00329-WYD-CBS

Document 341

Filed 04/25/2007

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3)

The Court entered the Final Pretrial Order on April 10, 2007, ECF #323. In the

Final Pretrial Order, the Court's removed Plaintiff's parenthetical explanation of its "unfair competition" claim on page 3, but did not strike the portions of the Final Pretrial Order where Plaintiff elaborates on its "unfair competition" claim on pages 7 through 10. 4) Defendants contend that failure to remove that further explanation was not

intended by the Court to approve Plaintiff's moving forward with the claims of false designation, disparagement, false representation or unfair business practices. Plaintiff contends that these claims are part of its unfair competition claim and that they have not been recently added. Plaintiff does not contend, however, that the Court's failure to strike the additional explanation of its unfair competition claim is a basis to expand the unfair competition claim beyond that pled in the Third Amended Complaint. The parties agree that the Court provided the following explanation of the Final Pretrial Order: I'm going to in this final pretrial order strike all the parenthetical references after "unfair competition" and I'm going to leave it "unfair competition" because unfair competition is what's in your third amended complaint and so it's unfair competition as you've alleged it; and whatever the law says it is, it is. And if you attempt to present claims that are broader than what the law provides or what you've pled, then I won't let you do it. 5) To avoid what appears to be an unnecessary Motion to Amend the Final Pretrial

Order, the parties have entered this Stipulation and hereby agree that notwithstanding the characterization of the unfair competition claim in the Final Pretrial Order, the Final Pretrial Order does not broaden the unfair competition claim, or any other claim, alleged in the Third Amended Complaint.

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Case 1:04-cv-00329-WYD-CBS

Document 341

Filed 04/25/2007

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Respectfully submitted this 25th day of April, 2007. s/ Gregory S. Tamkin Gregory S. Tamkin Elizabeth L. Morton DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, CO 80202-5647 Telephone: (303) 629-3400 Facsimile: (303) 629-3450 E-mail: [email protected] [email protected] Attorneys for Defendants Land O' Lakes, Inc.; Land O' Lakes Farmland Feed, LLC; American Pride Co-Op; Poudre Valley Cooperative Association, Inc.; Frank Bezdicek and Robert DeGregorio s/ Luke Santangelo________________ Luke Santangelo Cheryl L. Anderson SANTANGELO LAW OFFICES, P.C. 125 S. Howes St., Third Floor Fort Collins, CO 80521 Telephone: (970) 224-3100 Facsimile: (970) 224-3175 Email: [email protected] [email protected] Attorneys for Plaintiff Cache La Poudre Feeds, LLC

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on April 25th, 2007, I caused the foregoing document, STIPULATION REGARDING FINAL PRETRIAL ORDER, to be electronically filed with the Clerk of Court using the CM/ECF system. Notification of such filing will be sent to the following e-mail addresses: [email protected] [Luke Santangelo] [email protected] [Cheryl Lynn Anderson] [email protected] [Thomas R. French] [email protected] [Randy E. Dunn] s/ Elizabeth Morton Elizabeth Morton Attorneys for Defendants DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, CO 80202-5647 Telephone: (303) 629-3400 Facsimile: (303) 629-3450 E-mail: [email protected]

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