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

Filing 323

STIPULATION AND ORDER re BRIEFING OF MOTION FOR ATTORNEYS FEES signed by Magistrate Judge Jennifer L. Thurston on 5/15/2012. (Leon-Guerrero, A)

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MARK D. MILLER 116349
SIERRA IP LAW, PC
6780 N. West Avenue, Suite 102
Fresno, California 93771
Phone: [phone]
Fax: [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
PROXIMO SPIRITS, INC., and
AGAVERA CAMICHINES, S.A. DE C.V.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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
BRIEFING OF MOTION FOR
ATTORNEYS FEES

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

Hearing Date: June 26, 2012
Time: 9:00 a.m. (Bakersfield)
Before: Hon. Jennifer L. Thurston

Defendants.

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AND RELATED COUNTERCLAIMS

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Plaintiff and Counterdefendant E. & J. Gallo Winery (“Gallo”), Counterdefendants Tequila
Domani USA, Inc. (collectively, “Counterdefendants”), and

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Supremo, S.A. de C.V. and Ecco

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

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de C.V. (“Agavera Camichines”) (collectively, “Counterclaimants”), through their respective

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counsel, hereby stipulate as follows:

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-1STIPULATION AND ORDER
RE BRIEFING OF MOTIONS FOR ATTORNEYS’ FEES

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

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WHEREAS Counterdefendants filed a motion for attorneys fees on May 2, 2012, and

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WHEREAS the Counterclaimants’ papers opposing the motion for attorneys’ fees are

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currently due on May 21, 2012, and the hearing on the motion is currently scheduled for June 4,

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2012, and

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WHEREAS several scheduling conflicts currently exist with the current briefing and hearing
schedule, and

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WHEREAS the parties agree that additional time to prepare opposition and reply briefs and

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amend the hearing date on the pending motion would be helpful, and both sides are willing to create

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that additional time.

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NOW, THEREFORE, IT IS STIPULATED AND AGREED THAT

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1.

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Counterclaimants’ papers opposing the motion for attorneys’ fees shall be filed and

served on June 4, 2012.
2.

Counterdefendants’ reply papers in further support of their motion for attorneys’ fees

shall be filed and served on June 18, 2012.
3.

The hearing before the Court on the motion for attorneys’ fees shall be heard on June

26, 2012 at 9:00 a.m. in Bakersfield, California.

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[SIGNATURES ON FOLLOWING PAGE]

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-2STIPULATION AND ORDER
RE BRIEFING OF MOTIONS FOR ATTORNEYS’ FEES

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

Respectfully submitted,

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DATED: May 14, 2012

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

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By:

/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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DATED: May 14, 2012

McCORMICK BARSTOW LLP
D. GREGORY DURBIN

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HARVEY SISKIND LLP
D. PETER HARVEY
NAOMI JANE GRAY
MATTHEW A. STRATTON
DONALD A. THOMPSON

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By:

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/D. Peter Harvey/

Attorneys for Plaintiff,
E. & J. Gallo Winery

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ORDER

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Based upon the stipulation of the parties, the Court ORDERS:

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1.

The hearing on the motion for fees (Doc. 310), is CONTINUED to June 26, 2012, at

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9:00 a.m., at the United States Bankruptcy Courtroom located at 1300 18th Street, Bakersfield,

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California;

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///

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///

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///

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-3STIPULATION AND ORDER
RE BRIEFING OF MOTIONS FOR ATTORNEYS’ FEES

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

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2.

Counsel may appear by telephone via CourtCall if they alert the Court of their

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intention to do so by sending an e-mail to [e-mail], no later than June 19,

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2012.

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IT IS SO ORDERED.

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Dated:

May 15, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signatur ND:
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-4STIPULATION AND ORDER
RE BRIEFING OF MOTIONS FOR ATTORNEYS’ FEES

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