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

Filing 59

STIPULATION and ORDER Further Resetting Schedule for Jurisdictional Discovery, signed by District Judge Lawrence J. O'Neill on 11/17/2010. (Supplemental Brief Deadline: 12/10/2010, Defendants' Brief Deadline: 12/20/2010.) (Martin, S)

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

Doc. 59

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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 FURTHER 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") (collectively, "Defendants"), through their respective counsel, hereby stipulate as follows:
-1STIPULATION AND [PROPOSED] ORDER FURTHER 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 to Stay Defendants' Motion to Dismiss and Allow

Plaintiff to Conduct Limited Discovery [Docket No. 39], dated August 26, 2010 ("Order"), the parties have been cooperating to conduct jurisdictional discovery. Gallo has propounded written discovery, defendants have responded and twice supplemented their responses to that 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 agreed that both of these depositions would take place in New York City. The witness for Proximo appeared and was deposed as originally scheduled on October 28, 2010. The witness for Agavera Camichines, Cristobal

Francisco Mariscal Estrada, a citizen of Mexico, had been scheduled for deposition on October 27, 2010. However, Mr. Estrada reported on October 25, 2010 that his passport and visa had been stolen from his home in Mexico City. Since that date, Mr. Estrada has been endeavoring to replace his passport and visa, but has encountered delays. The parties have now agreed that his deposition will proceed on December 1 in Mexico City. 3. The Stipulation and Order Resetting Briefing Schedule on Jurisdictional Discovery,

dated September 30, 2010 [Docket No. 43] presently requires Gallo to submit its supplemental opposition regarding jurisdictional discovery no later than November 17, 2010, and defendants to file their responsive brief no later than December 1, 2010. In order to accommodate the necessary rescheduling of Agavera Camichines' FRCP 30(b)(6) deposition, the parties respectfully request the Court to reset the dates for their supplemental briefs by two more weeks. The parties have agreed, and respectfully request the Court to order, as follows: a. Defendants shall present Mr. Estrada for deposition in Mexico City, at a location to be agreed upon, on December 1. b. Gallo's supplemental brief will now be due on or before December 10, 2010. c. Defendants' brief shall be due to be filed and served no later than December 20, 2010.

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Counsel of record so stipulate. Respectfully submitted, DATED: November 16, 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 DATED: November 16, 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.. Pursuant to stipulation, it is SO ORDERED this 17 day of November, 2010.

____/s/ Lawrence J. O'Neill_____ The Honorable Lawrence J. O'Neill United States District Court Judge

-3STIPULATION AND [PROPOSED] ORDER FURTHER RESETTING SCHEDULE FOR JURISDICTIONAL DISCOVERY Case No. 1:10-CV-00411 LJO JLT