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

Filing 37

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on August 16, 2010. 26 MOTION to DISMISS currently set for 8/24/2010 has been CONTINUED to 8/31/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Lira, I)

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1 MARK D. MILLER (CSB# 116349) KIMBLE, MacMICHAEL & UPTON 2 A Professional Corporation 5260 North Palm Avenue, Suite 221 3 Post Office Box 9489 Fresno, California 93792-9489 4 Telephone: (559) 435-5500 Facsimile: (559) 435-1500 5 MICHAEL ASCHEN (admitted pro hac vice) 6 ANTHONY A. COPPOLA (admitted pro hac vice) ABELMAN FRAYNE & SCHWAB 7 666 Third Avenue New York, New York 10017 8 Telephone: (212) 949-9022 Facsimile: (212) 949-9190 9 Attorneys for Defendants 10 PROXIMO SPIRITS, INC., and AGAVERA CAMICHINES, S.A. DE C.V. 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 13 *** 14 ) E. & J. GALLO WINERY, a California Case No. 1:10-CV-00411 LJO SKO 15 corporation, ) ) STIPULATION FOR AN EXTENSION 16 ) Plaintiff, OF TIME FOR DEFENDANTS TO FILE ) THEIR REPLY MEMORANDUM OF 17 ) v. LAW IN SUPPORT OF THEIR MOTION ) TO DISMISS AND FOR A ONE WEEK 18 PROXIMO SPIRITS, INC., a Delaware ) CONTINUANCE OF THE HEARING RE Corporation; AGAVERA CAMICHINES, ) SAME 19 S.A. DE C.V., a Mexican corporation, ) ) and DOES 1 25, AND ORDER THEREON 20 ) Defendants. ) Date: August 24, 2010 21 ) Time: 8:30 a.m. ) Ctrm: 4 (Hon. Lawrence J. O'Neill) 22 ) ) Action Filed: March 8, 2010 23 ) ) Trial Date: TBD 24 25 WHEREAS, on July 26, 2010, Defendants PROXIMO SPIRITS, INC. and 26 AGAVERA CAMICHINES, S.A. DE C.V. ("Defendants"), filed a motion to dismiss this action 27 pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), setting a hearing date of August 24, 2010; LAW OFFICES Kimble, MacMichael & Upton A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489 28 STIPULATION FOR AN EXTENSION OF TIME FOR DEFENDANTS TO FILE THEIR REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS AND FOR A ONE WEEK CONTINUANCE OF THE HEARING RE SAME AND PROPOSED ORDER THEREON 1 1 WHEREAS, on August 10, 2010, Plaintiff E. & J. Gallo Winery ("Plaintiff") filed 2 its opposition to the motion to dismiss; 3 WHEREAS, Defendants' reply memorandum is currently due to be filed on 4 August 17, 2010, and oral argument on the motion has been set for August 24, 2010; 5 WHEREAS, one of Defendants co-lead counsel has suffered significant leg and 6 knee injuries in a motor vehicle accident, and another co-lead counsel has a foot injury that has 7 required his being out of the office for several days in the past week while receiving such 8 treatment; 9 WHEREAS, Plaintiff field significant opposition papers (19 separate .PDF files) 10 that require substantial time and effort in formulating a reply which is not available to 11 Defendants' counsel given the present circumstances; 12 WHEREAS, Plaintiff's counsel has indicated that it would not object to an 13 extension of the reply and hearing dates of not longer than one week upon a showing of good 14 cause by Defendants to the satisfaction of the court; and 15 WHEREAS, Defendants submit the above facts establish good cause for the 16 requested extension of one week, which is not expected to significantly impact the timing of this 17 case, and there have been no prior requests for extensions by the parties with respect to this 18 motion. 19 NOW, THEREFORE, IT IS HEREBY STIPULATED, CONSENTED, AND 20 AGREED TO by and between the parties, that the time for Defendants to file their Reply 21 Memorandum of Law (and any supporting documentation) in Support of Their Motion to 22 Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) shall be extended from 23 August 17, 2010 to and including August 24, 2010. 24 IT IS FURTHER STIPULATED, CONSENTED, AND AGREED TO by and 25 between the parties, that the hearing which has been set by the Court for argument on 26 Defendants Motion to Dismiss for August 24, 2010 shall be rescheduled with the Court's 27 permission to August 31, 2010 at 8:30am. LAW OFFICES Kimble, MacMichael & Upton A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489 STIPULATION FOR AN EXTENSION OF TIME FOR DEFENDANTS TO FILE THEIR REPLY MEMORANDUM OF LAW IN SUPPORT 28 /// OF THEIR MOTION TO DISMISS AND FOR A ONE WEEK CONTINUANCE OF THE HEARING RE SAME AND PROPOSED ORDER THEREON 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Dated: August 16, 2010 24 25 26 27 LAW OFFICES DATED: August 16, 2010 Respectfully submitted, KIMBLE, MacMICHAEL & UPTON Mark D. Miller ABELMAN FRAYNE & SCHWAB / Anthony A. Coppola/ Michael Aschen Anthony A. Coppola Attorneys for Defendants - and - Respectfully submitted, McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP /D. Greg Durbin/ D. Greg Durbin Daniel S. Cho HARVEY SISKIND LLP D. Peter Harvey Seth I. Appel Attorneys for Plaintiff IT IS SO ORDERED. /s/ Lawrence J. O'Neill LAWRENCE J. O'NEILL UNITED STATES DISTRICT JUDGE Kimble, MacMichael & Upton A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489 28 STIPULATION FOR AN EXTENSION OF TIME FOR DEFENDANTS TO FILE THEIR REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS AND FOR A ONE WEEK CONTINUANCE OF THE HEARING RE SAME AND PROPOSED ORDER THEREON 3

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