Zone Sports Center, Inc. LLC, et al vs Red Head, Inc., et al

Filing 22

STIPULATION and ORDER GRANTING the parties' request for a continuance of the hearing on the Motions to Dismiss, documents 13 14 and 17 ; hearing on said motions currently noticed for 1/10/2011 is CONTINUED to 1/24/2011 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; response deadline set for 1/3/2011; reply deadline set for 1/17/2011; order signed by Chief Judge Anthony W. Ishii on 12/14/2010. (Rooney, M)

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Zone Sports Center, Inc. LLC, et al vs Red Head, Inc., et al Doc. 22 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 PRINTED ON RECYCLED PAPER JEFFER, MANGELS, BUTLER & MITCHELL LLP JAMES WESLEY KINNEAR (Bar No. 124771) JWK@jmbm.com Two Embarcadero Center, Fifth Floor San Francisco, California 94111-3824 Telephone: (415) 398-8080 Facsimile: (415) 398-5584 Attorneys for Defendants Red Head, Inc., Skyy Spirits, LLC, Sammy Hagar, and Marco Monroy UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ZONE SPORTS CENTER, LLC, a California limited liability company; FRESNO ROCK TACO, LLC, a California limited liability company; MILTON PETER BARBIS, an individual, Plaintiffs, v. RED HEAD, INC., DBA Cabo Wabo Enterprises, a California Corporation; SKYY SPIRITS, LLC, a California limited liability company; GRUPPO CAMPARI, a business of unknown corporate status; SAMMY HAGAR, an individual; MARCO MONROY, an individual; and DOES 1 through 10, inclusive, Defendants. CASE NO. CV-01833-AWI-SMS STIPULATION AND ORDER RE BRIEFING AND HEARING SCHEDULE ON PENDING MOTIONS TO DISMISS Judge: Judge Anthony W. Ishii Magistrate Judge Sandra M. Snyder Plaintiffs, defendants Red Head, Inc., Skyy Spirits, LLC, Sammy Hagar, and Marco Monroy, and the defendant improperly sued as "Gruppo Campari" stipulate with respect to the following facts. A. Defendants Red Head, Inc., Skyy Spirits, LLC, Sammy Hagar, and Marco Monroy have filed a motion to dismiss under Rule 12(b)(6) and a motion to dismiss or transfer for improper venue that are now pending for hearing on January 10, 2011. Zone Sports Center, LLC et al. v. Red Head, Inc., ea al; CASE NO. CV-01833-AWI-SMS Stipulation and [Proposed] Order re Briefing Schedule Dockets.Justia.com 1063459v1 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 PRINTED ON RECYCLED PAPER B. The defendant improperly sued as "Gruppo Campari" has also filed a motion to dismiss under Rule 12, also scheduled to be heard January 10, 2011. C. Counsel for plaintiffs is scheduled to appear in the Eastern District on a separate matter on January 24, 2011. D. For the convenience of the parties' counsel, the parties have conferred and agreed to the following amended schedule for briefing and hearing of the pending motions as follows: plaintiffs' oppositions to all pending motions shall be due on or before January 3, 2011; defendants' replies on the pending motions shall be due on or before January 17, 2011; the pending motions shall be set for hearing on January 24, 2011 at 1:30 p.m. NOW, THEREFORE, SUBJECT TO THE COURT'S APPROVAL, THE PARTIES STIPULATE AS FOLLOWS: 1. Plaintiffs' oppositions to all pending motions shall be due on or before January 3, 2011; defendants' replies on the pending motions shall be due on or before January 17, 2011; the pending motions shall be set for hearing on January 24, 2011 at 1:30 p.m. Dated: December 6, 2010 JEFFER, MANGELS, BUTLER & MITCHELL JAMES WESLEY KINNEAR /s/ James Wesley Kinnear Attorneys for Defendants Red Head, Inc., Skyy Spirits, LLC, Sammy Hagar, and Marco Monroy Dated: December 6, 2010 DURIE TANGRI LLP By: /s/ Ragesh Tangri Attorney for defendant Improperly sued as "Gruppo Campari" By: Dated: December 6, 2010 LAW OFFICES OF RICHARD HAMLISH RICHARD HAMLISH By: /s/ Richard Hamlish Attorneys for Plaintiffs -21063459v1 Zone Sports Center, LLC et al. v. Red Head, Inc., ea al; CASE NO. CV-01833-AWI-SMS Stipulation and [Proposed] Order re Briefing Schedule 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 PRINTED ON RECYCLED PAPER ORDER GOOD CAUSE APPEARING, the foregoing stipulation is approved. Plaintiffs' oppositions to all pending motions shall be due on or before January 3, 2011; defendants' replies on the pending motions shall be due on or before January 17, 2011; the pending motions shall be set for hearing on January 24, 2011 at 1:30 p.m. SO ORDERED. DATED: 12/14/2010 /s/ ANTHONY W. ISHII UNITED STATES DISTRICT COURT JUDGE ANTHONY W. ISHII -31063459v1 Zone Sports Center, LLC et al. v. Red Head, Inc., ea al; CASE NO. CV-01833-AWI-SMS Stipulation and [Proposed] Order re Briefing Schedule

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