Case 3:20-cv-05293-RS Document 34 Filed 11/17/20 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`SANDERSON FARMS, INC.,
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`Defendant.
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`Plaintiffs In Defense of Animals and Friends of the Earth, and Defendant Sanderson Farms, Inc.,
`by and through their counsel, make the following stipulated request for a stay pending the U.S. Court of
`Appeals for the Ninth Circuit’s resolution of the appeal pending in Friends of the Earth v. Sanderson
`Farms, Inc., No. 19-16669 (9th Cir.), which is an appeal of this Court’s July 31, 2019 dismissal order in
`the related case reported at Friends of the Earth v. Sanderson Farms, Inc., No. 17-cv-03592-RS, 2019 WL
`3457787 (N.D. Cal. 2019). In support of their request, and pursuant to Civil L.R. 6-2, the parties state as
`follows:
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`1. Following filing of the Complaint in this action on July 31, 2020, the parties conferred regarding
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`whether proceedings in this case should be stayed pending resolution of the Friends of the Earth
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`appeal.
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`2. On September 24, 2020, the parties filed a stipulated request for a preliminary schedule. See ECF No.
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`28. Pursuant to that request, the parties agreed to postpone the deadline for Sanderson to file its
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`responsive pleading until at least December 3, 2020. The parties further agreed to meet and confer
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`following oral argument in the Friends of the Earth appeal—including as to (a) whether a full stay of
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`this case is warranted pending the Ninth Circuit’s resolution of the appeal in Friends of the Earth;
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`(b) a schedule for the filing of Sanderson’s responsive pleading in this case; and (c) the timing, scope,
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`and limits of discovery, if necessary—and to file a joint statement with the Court following that
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`STIPULATED REQUEST FOR STAY
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`CASE NO. 3:20-CV-05293 (RS)
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`CASE NO. 3:20-CV-05293 (RS)
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`STIPULATED REQUEST FOR
`LIMITED STAY PENDING NINTH
`CIRCUIT DECISION IN FRIENDS OF
`THE EARTH V. SANDERSON FARMS,
`INC. AND UPDATED JOINT CASE
`MANAGEMENT STATEMENT
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`)))))))))
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`IN DEFENSE OF ANIMALS and FRIENDS OF
`THE EARTH,
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`Plaintiffs,
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`vs.
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`Case 3:20-cv-05293-RS Document 34 Filed 11/17/20 Page 2 of 4
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`conference. The parties further agreed not to pursue discovery or undertake any other activities in this
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`case until the filing of that joint statement. The parties expressly reserved their right to move this
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`Court for a stay should in the event it became necessary.
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`3. The Court entered an order approving of the parties’ stipulation later the same day. See ECF No. 30.
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`4. The Ninth Circuit heard oral argument in the Friends of the Earth appeal on October 13, 2020. The
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`panel has not yet issued a decision in the case.
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`5. Subsequent to the argument, the parties have conferred and now stipulate as follows and ask this Court
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`to enter an order accordingly:
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`i. The parties stipulate to a stay until the earlier of the Ninth Circuit’s decision in the
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`Friends of the Earth appeal or one hundred twenty (120) additional days from
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`December 3, 2020, which is April 2, 2021.
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`ii.
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`If the Ninth Circuit does not issue a decision by April 2, 2021, the parties will meet and
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`confer the week of April 5, 2021, regarding further scheduling.
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`iii.
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`If the Ninth Circuit does issue a decision by April 2, 2021, then within twenty-one (21)
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`days of the Ninth Circuit’s decision in the Friends of the Earth appeal, Sanderson will
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`file its responsive pleading in In Defense of Animals and the parties will meet and
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`confer regarding the timing, scope, and limits of discovery, if any.
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`iv.
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`Following their meet-and-confer, and within twenty-one (21) days of the Ninth
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`Circuit’s decision in the Friends of the Earth appeal, the parties will file an additional
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`Joint Case Management Statement and, if necessary, request a further Case
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`Management Conference with the Court.
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`The parties submit this as their updated joint case management statement. Neither party requests
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`a further case management conference at this time.
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`STIPULATED REQUEST FOR STAY
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`CASE NO. 3:20-CV-05293 (RS)
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`Case 3:20-cv-05293-RS Document 34 Filed 11/17/20 Page 3 of 4
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`November 17, 2020
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`/s/ Michael Glick
`Mark McKane, P.C. (SBN 230552)
`mark.mckane@kirkland.com
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, California 94104
`Telephone: (415) 439-1400
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`Gregg F. LoCascio, P.C. (admitted pro hac vice)
`gregg.locascio@kirkland.com
`Michael Glick (admitted pro hac vice)
`michael.glick@kirkland.com
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Avenue, N.W.
`Washington, D.C. 20004
`Telephone: (202) 389-5000
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`Attorneys for Sanderson Farms, Inc.
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`/s/ Gretchen Elsner
`Gretchen Elsner (admitted pro hac vice)
`ELSNER LAW & POLICY, LLC
`Gretchen@ElsnerLaw.org
`314 South Guadalupe Street
`Santa Fe, NM 87501
`Telephone: (505) 303-0980
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`Paige M. Tomaselli (CSB No. 237737)
`THE LAW OFFICE OF
`PAIGE M. TOMASELLI
`P.O. Box 71022
`Richmond, CA 94807
`paige@tomasellilaw.com
`Telephone: (619) 339-3180
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`Attorneys for Plaintiffs
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`STIPULATED REQUEST FOR STAY
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`Case 3:20-cv-05293-RS Document 34 Filed 11/17/20 Page 4 of 4
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`ATTESTATION
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`Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and password are
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`being used in the electronic filing of this document, and further attest that I have obtained the concurrence
`in the filing of the document from the other signatory.
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`/s/ Michael Glick
`Michael Glick
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`STIPULATED REQUEST FOR STAY
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`CASE NO. 3:20-CV-05293 (RS)
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