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

Filing 253

STIPULATION and ORDER resetting Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 1/12/2012. The Settlement Conference is RESET from 1/23/2012 to 2/10/2012 at 10:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A)

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MARK D. MILLER 116349
MARCUS N. DiBUDUO 258684
SIERRA IP LAW, PC
6780 N. West Ave., Ste. 102
Fresno, California 93711
Telephone: [phone]
Facsimile: [phone]
Michael Aschen (admitted pro hac vice)
Anthony A. Coppola (admitted pro hac vice)
ABELMAN FRAYNE & SCHWAB
666 Third Avenue
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants/Counterplaintiffs
PROXIMO SPIRITS, INC., and
AGAVERA CAMICHINES, S.A. DE C.V.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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E. & J. GALLO WINERY, a California
corporation,
Plaintiff,
v.

Case No. 1:10-CV-00411 LJO JLT
STIPULATION AND ORDER RE RESETTING THE DATE FOR THE
SETTLEMENT CONFERENCE

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PROXIMO SPIRITS, INC., a Delaware
corporation; AGAVERA CAMICHINES, S.A.
DE C.V., a Mexico corporation; and DOES 1-25,

Conference Date: January 23, 2012
Time: 9:00 a.m.
Before: Hon. Jennifer L. Thurston

Defendants.

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AND RELATED COUNTERCLAIMS

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-1STIPULATION AND ORDER
RE RE-SETTING THE DATE FOR THE SETTLEMENT CONFERENCE

Case No. 1:10-CV-00411 LJO JLT

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Defendants and Counterclaimants Proximo Spirits, Inc. (“Proximo”) and Agavera

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Camichines, S.A. de C.V. (“Agavera Camichines”) (collectively, “Counterclaimants”), and Plaintiff

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and Counterdefendant E. & J. Gallo Winery (“Gallo”), Counterdefendants Tequila Supremo, S.A. de

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C.V. and Ecco Domani USA, Inc. (collectively, “Counterdefendants”), through their respective

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counsel, hereby stipulate as follows:

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WHEREAS a Settlement Conference has been presently scheduled in this matter for January
23, 2012 at 9:00 a.m., and
WHEREAS scheduling conflicts have arisen for Counterclaimants’ counsel which will impact
their ability to appear at the Settlement Conference as presently scheduled;
WHEREAS the parties have conferred with the Court to obtain an alternative date for the
Settlement Conference to be held;
WHEREAS the parties’ trial counsel agree that they are available to appear at the Settlement
Conference with principals if it is rescheduled to February 10, 2012.

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NOW, THEREFORE, IT IS STIPULATED AND AGREED THAT

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The Settlement Conference currently scheduled for January 23, 2012 at 9:00 a.m. shall be

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reset to February 10, 2012 at the same time and place.

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Respectfully submitted,

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DATED: January 11, 2012

SIERRA IP GROUP
MARK D. MILLER
ABELMAN FRAYNE & SCHWAB
MICHAEL ASCHEN
ANTHONY A. COPPOLA
By:

/s/ Anthony A. Coppola

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Attorneys for Defendants,
Proximo Spirits, Inc., and
Agavera Camichines, S.A. de C.V.

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-2STIPULATION AND ORDER
RE RE-SETTING THE DATE FOR THE SETTLEMENT CONFERENCE

Case No. 1:10-CV-00411 LJO JLT

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DATED: January 11, 2012

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McCORMICK BARSTOW LLP
D. GREGORY DURBIN
HARVEY SISKIND LLP
D. PETER HARVEY
NAOMI JANE GRAY
MATTHEW A. STRATTON
DONALD A. THOMPSON

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By: /s/ D. Peter Harvey

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Attorneys for Plaintiff,
E. & J. Gallo Winery

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ORDER

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Based upon the foregoing and the telephonic conference held on January 9, 2012 and good

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cause appearing, the Court ORDERS:
1.

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The settlement conference currently set on January 23, 2012 is CONTINUED to

February 10, 2012 at 10:00 a.m. in Courtroom 6 in Fresno, CA;
2.

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Counsel SHALL e-mail their confidential settlement conference statement that details

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the topics set forth at pages 5-6 of the scheduling order (Doc. 89), no later than five court days before

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the conference. In the event that the matter is not in a settlement posture by the time of the continued

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settlement conference, counsel SHALL file a joint statement in lieu of their confidential settlement

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conference statements setting forth whether the conference should be vacated or continued to another

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date.

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IT IS SO ORDERED.

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Dated:

January 12, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-3STIPULATION AND ORDER
RE RE-SETTING THE DATE FOR THE SETTLEMENT CONFERENCE

Case No. 1:10-CV-00411 LJO JLT