E. & J. Gallo Winery v. Proximo Spirits, Inc. et al

Filing 20

STIPULATION and ORDER Extending time for defendant Proximo Spirts, Inc. to respond to the complaint, signed by Magistrate Judge Sheila K. Oberto on 6/9/2010. (Timken, A)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

D. Greg Durbin, # 81749 Daniel S. Cho #260902 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] D. PETER HARVEY (SBN 55712) SETH I. APPEL (SBN 233421) HARVEY SISKIND LLP Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiff, E. & J. GALLO WINERY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA E. & J. GALLO WINERY, a California corporation, Plaintiff, v. PROXIMO SPIRITS, INC., a Delaware corporation; AGAVERA CAMICHINES, S.A., DE C.V., a Mexico corporation, and DOES 1-25;, Defendants. Case No. 1:10-CV-00411-LJO-SKO STIPULATION TO EXTEND TIME FOR DEFENDANT PROXIMO SPIRITS, INC. TO RESPOND TO THE COMPLAINT; AND ORDER THEREON

STIPULATION TO EXTEND TIME FOR DEFENDANT PROXIMO SPIRITS, INC. TO RESPOND TO THE COMPLAINT; AND ORDER THEREON

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

STIPULATION

WHEREAS, service of the Summons, Complaint and other papers was made on Defendant PROXIMO SPIRITS, INC. ("PROXIMO SPIRITS"), on May 7, 2010; WHEREAS, the other Defendant, AGAVERA CAMICHINES, S.A. DE C.V. is a Mexico corporation ("AGAVERA"); WHEREAS, a Notice, Request for Waiver of Summons and other papers was sent on May 20, 2010, to Lawrence E. Abelman, requesting Mr. Abelman to waive service of the Summons on AGAVERA; WHEREAS, AGAVERA is willing to waive service of the Summons and has agreed to a response date of July 26, 2010, that is a date sooner than the deadline of ninety (90) days provided for under Rule 4(d)(3) for a defendant served outside any judicial district of the United States; WHEREAS, PROXIMO SPIRITS and AGAVERA anticipate being represented by the same counsel in the within action and have requested that the response date for PROXIMO SPIRITS also be extended to July 26, 2010, to match the response date for AGAVERA; WHEREAS, Plaintiff E & J GALLO WINERY ("GALLO") is willing to agree to an extension in favor of PROXIMO SPIRITS up to and including July 26, 2010, to answer or otherwise respond to the complaint, in light of the agreement for AGAVERA to waive service of the Summons with July 26, 2010 as the date to answer or otherwise respond to the complaint; WHEREAS, under the agreement reached between counsel, both Defendants will file their answers or other response to the complaint more promptly than had PROXIMO SPIRITS filed their response at an earlier time, but AGAVERA either agreed to a waiver of service with the full ninety (90) day period allowed by Rule 4(d)(3), or insisted on service in Mexico under the Hague Convention; and WHEREAS, GALLO and PROXIMO SPIRITS are aware that under Local Rule 144(a), the extension for PROXIMO SPIRITS agreed to herein requires the approval of the Court, and they accordingly request the Court to approve such extension. 2
STIPULATION TO EXTEND TIME FOR DEFENDANT PROXIMO SPIRITS, INC. TO RESPOND TO THE COMPLAINT; AND ORDER THEREON

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501
DEAC_Signature-END:

NOW, THEREFORE, GALLO and PROXIMO SPIRITS hereby stipulate and agree through their respective counsel, and subject to the approval of the Court, that the time within which PROXIMO SPIRITS shall respond to the Complaint herein, shall be extended up to and including July 26, 2010. Dated: June 7, 2010 Respectfully submitted, McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP D. Greg Durbin Daniel S. Cho HARVEY SISKIND LLP D. Peter Harvey Seth I. Appel By: /s/ D. Greg Durbin Attorneys for Plaintiff, E. & J. GALLO WINERY

Dated: June 7, 2010

Respectfully submitted, ABELMAN, FRAYNE & SCHWAB Michael Aschen Anthony Coppola KIMBLE, MacMICHAEL & UPTON Mark D. Miller Marcus N. DiBuduo /s/ Mark D. Miller Anthony Coppola Attorneys for Defendants, PROXIMO SPIRITS, INC. and AGAVERA CAMICHINES, S.A. DE C.V. By:

IT IS SO ORDERED. Dated:

June 9, 2010
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/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

STIPULATION TO EXTEND TIME FOR DEFENDANT PROXIMO SPIRITS, INC. TO RESPOND TO THE COMPLAINT; AND ORDER THEREON

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

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STIPULATION TO EXTEND TIME FOR DEFENDANT PROXIMO SPIRITS, INC. TO RESPOND TO THE COMPLAINT; AND ORDER THEREON