General Electric Company, et al. v. Wilkins

Filing 39

ORDER Re July 22 and 28, 2010 Scheduling Conferences Re Plaintiffs' and Defendant's Ex Parte Requests to Expedite The Hearing Dates on Their Respective Motions (Docket Nos. 23 and 27), signed by Judge Oliver W. Wanger on 8/13/2010. (Gaumnitz, R)

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GLYNN & FINLEY, LLP CLEMENT L. GLYNN, State Bar No. 57117 JONATHAN A. ELDREDGE, State Bar No. 238559 One Walnut Creek Center 100 Pringle Avenue, Suite, 500 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] KLARQUIST SPARKMAN, LLP JEFFREY S. LOVE, State Bar No. 195068 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204-2988 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiffs GENERAL ELECTRIC COMPANY AND GE WIND ENERGY, LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) GENERAL ELECTRIC COMPANY, a New ) York corporation; and GE WIND ENERGY, ) LLC, a Delaware limited liability company, ) ) Plaintiffs, ) ) vs. ) ) THOMAS WILKINS, an individual, ) ) Defendant. ) ) Case No. CV 10-00674-OWW-JLT ORDER RE JULY 22 AND 28, 2010 SCHEDULING CONFERENCES RE PLAINTIFFS' AND DEFENDANT'S EX PARTE REQUESTS TO EXPEDITE THE HEARING DATES ON THEIR RESPECTIVE MOTIONS (DOCKET NOS. 23 AND 27)

This matter came before the Court on Plaintiffs General Electric Company and GE Wind Energy, LLC's (collectively "GE") Ex Parte Application for an Order Modifying the Hearing Date on Plaintiffs' Motion for Preliminary Injunction (Docket No. 23), Defendant Thomas Wilkins' ("Wilkins") Motion to Shorten Time on His Motion to Dismiss (Docket No. 27) and GE's July 27, 2010 request for a further scheduling order. The Court having read and considered

-1ORDER RE JULY 22 AND 28, 2010 SCHEDULING CONFERENCES PDF created with pdfFactory trial version www.pdffactory.com

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the parties' papers and hearing counsel's argument at the July 22 and 28, 2010 scheduling conferences hereby ORDERS that: 1. GE shall electronically file and serve its motion for a temporary restraining order on July 26, 2010 before 12:00 p.m. 2. Wilkins' opposition to GE's motion for a temporary restraining order shall be electronically filed and served before 5:00 p.m. on August 4, 2010. 3. 4. No reply brief to be submitted. The hearing on GE's motion for a temporary restraining order will take place on August 6, 2010 at 12:00 p.m. 5. GE may take the deposition of Wilkins, and Wilkins may take the deposition of GE's witnesses who filed declarations in support of GE's motion for preliminary injunction. The depositions are to be limited scope depositions to address only the issues in GE's motion. The parties have met and conferred and the depositions are scheduled for: a. Thomas Wilkins: August 2, 2010 at Glynn & Finley, LLP's offices in Walnut Creek, CA. b. GE's witnesses (James McGinness, David Hunt and Norland Brace): August 3, 2010 at Glynn & Finley, LLP's offices in Walnut Creek, CA. 6. The costs associated with the depositions of Mr. Wilkins and GE's witnesses, including travel, hotel and related costs, and deposition transcript costs, are recoverable pursuant to Federal Rules of Civil Procedure, Rule 54(d) to the prevailing party in this action. 7. The Court will set the hearing dates for GE's motion for preliminary injunction and Wilkins' motion to dismiss after ruling on GE's motion for a temporary restraining order. /// /// /// -2ORDER RE JULY 22 AND 28, 2010 SCHEDULING CONFERENCES

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3ORDER RE JULY 22 AND 28, 2010 SCHEDULING CONFERENCES PDF created with pdfFactory trial version www.pdffactory.com Dated: August 13, 2010 /s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE IT IS SO ORDERED.