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

Filing 43

STIPULATION and ORDER RESETTING SCHEDULE FOR JURISDICTIONAL DISCOVERY signed by District Judge Lawrence J. O'Neill on September 28, 2010. (Lira, I)

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

Doc. 43

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D. GREGORY DURBIN (SBN 81749) McCORMICK BARSTOW SHEPPARD WAYTE & CARRUTH LLP 5 River Park Place East P.O. Box 28912 Fresno, California 93720 Telephone: [phone] Facsimile: [phone] [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 FRESNO DIVISION

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 JLT STIPULATION AND ORDER RESETTING SCHEDULE FOR JURISDICTIONAL DISCOVERY

Plaintiff E. & J. Gallo Winery ("Gallo") and defendants Proximo Spirits, Inc. "Proximo") and Agavera Camichines, S.A. de C.V. ("Agavera Camichines"), through their respective counsel, hereby stipulate as follows:
-1STIPULATION AND [PROPOSED] ORDER RESETTING SCHEDULE FOR JURISDICTIONAL DISCOVERY Case No. 1:10-CV-00411 LJO JLT

Dockets.Justia.com

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1.

In response to the Court's Order dated August 26, 2010 ("Order"), the parties have

been cooperating to conduct jurisdictional discovery. Gallo has propounded an initial set of written discovery, and the parties are negotiating the terms of a proposed stipulated protective order. 2. Gallo also noticed depositions under Rule 30(b)(6) of the Federal Rules of Civil

Procedure of witnesses from Proximo and Agavera Camichines. The parties have agreed that both of these depositions shall take place in New York City. Defendants have offered to make the Agavera Camichines witness available for deposition in New York on October 27, 2010. 3. The Order presently requires Gallo to submit its amended opposition regarding

jurisdictional discovery no later than October 27, 2010, and defendants to file their responsive brief no later than November 10, 2010. In order to accommodate the schedule for the FRCP 30(b)(6) depositions, the parties respectfully request the Court to reset the dates for their supplemental briefs by three weeks. The parties have agreed, and respectfully request the Court to order, that Gallo's supplemental brief will now be due on or before November 17, 2010 and defendants' brief shall be due to be filed and served no later than December 1, 2010. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Respectfully submitted, DATED: September 27, 2010 McCORMICK BARSTOW LLP D. GREGORY DURBIN HARVEY SISKIND LLP D. PETER HARVEY SETH I. APPEL By: /s/ D. Peter Harvey

Attorneys for Plaintiff E. & J. Gallo Winery

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DATED: September 27, 2010

KIMBLE, MacMICHAEL & UPTON MARK D. MILLER ABELMAN FRAYNE & SCHWAB MICHAEL ASCHEN ANTHONY A. COPPOLA By: /s/ Michael Aschen

Attorneys for Defendants PROXIMO SPIRITS, INC., and AGAVERA CAMICHINES, S.A. DE C.V. IT IS SO ORDERED THIS 28th DAY OF September, 2010.

_________/s/ Lawrence J. O'Neill_______ The Honorable Lawrence J. O'Neill United States District Court Judge

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