Quady Winery Inc. v. Freixenet America, Inc. et al

Filing 17

Joint Stipulation and ORDER to Extend Time to Respond to the Complaint and to Continue the Case Management Conference and Related Deadlines: 1) Defendants Freixent America, Inc., Freixenet USA, Inc. Freixenet S.A. response to the complaint extended f rom 1/23/2012 to February 23, 2012; 2) Initial SCHEDULING CONFERENCE is continued from 2/6/2012 to March 7, 2012 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A JOINT Scheduling Conference Report, carefully p repared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in WordPerfect or Word format, to [e-mail]. signed by Magistrate Judge Barbara A. McAuliffe on 1/23/2012. (Herman, H)

1 OLIVIER A. TAILLIEU (SBN 206546)
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[e-mail]
RAFFI ZEROUNIAN (SBN 236388)
[e-mail]
ZUBER & TAILLIEU LLP
777 S. Figueroa Street, 37th Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

6 Attorneys for Plaintiff QUADY WINERY INC.
7 ROBERT W. SACOFF (pro hac vice motion to be filed)
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[e-mail]
SETH I. APPEL (SBN 233421)
[e-mail]
PATTISHALL, McAULIFFE, NEWBURY,
HILLIARD & GERALDSON LLP
311 S. Wacker Drive, Suite 5000
Chicago, IL 60606
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants FREIXENET AMERICA, INC.
13 and FREIXENET USA, INC. (and unserved defendant
FREIXENET, S.A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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QUADY WINERY INC., a California
19 corporation,

v.

22 FREIXENET AMERICA, INC., a California
corporation; FREIXENET USA, INC., a
23 Delaware corporation; FREIXENET, S.A., a
Spain corporation; and DOES 1 through 10,
24 inclusive,

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1672-1001 / 237415.1

The Honorable Barbara A. McAuliffe

Plaintiff,

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CASE NO. 1:11−CV−01474−AWI-BAM

Defendants.

JOINT STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO THE
COMPLAINT AND TO CONTINUE THE
CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES

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Pursuant to Civil Local Rule 144, Plaintiff Quady Winery Inc. (“Quady Winery”) and

2 Defendants Freixenet America, Inc., Freixenet USA, Inc., Freixenet, S.A. (collectively
3 “Freixenet”) hereby stipulate to allow Freixenet to file an Answer or otherwise respond to Quady
4 Winery’s Complaint by February 23, 2012. The parties also jointly request the Court to continue
5 the case management conference currently set for February 6, 2012 at 8:30 a.m. to March 6, 2012,
6 or as soon thereafter as counsel may be heard, with the initial case management, ADR, and initial
7 disclosure deadlines rescheduled accordingly from the new case management conference date.
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1.

Reason for Request

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Quady Winery filed its Complaint against Freixenet on September 1, 2011. On December

10 1, 2011, Quady Winery’s Complaint was served upon Freixenet America, Inc. and Freixenet USA,
11 Inc. The parties request this stipulation to permit the parties to further explore settlement. Thus
12 far, the parties have agreed to settlement in principal and are currently negotiating the terms of a
13 written settlement agreement. The parties hope to resolve this matter amicably before Freixenet’s
14 stipulated deadline to file its response to Quady Winery’s Complaint.
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2.

Prior Time Modifications

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Quady Winery previously provided Freixenet USA, Inc. and Freixenet USA, Inc. with a

17 30-day extension of time to respond to the Complaint through January 23, 2012.
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3.

Effect of Requested Modification

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The requested extension will have no effect on the rest of the schedule in this action.

20 NOW, THEREFORE, the parties to this action, through their respective counsel, AGREE TO
21 AND HEREBY STIPULATE, to reschedule the case management conference and related
22 deadlines as follows:
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1.

Freixenet America, Inc. and Freixenet USA, Inc. shall file and serve their response

24 to Quady Winery’s Complaint by no later than February 23, 2012;
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2.

The Court’s case management conference, currently scheduled for February 6,

26 2012 at 8:30 a.m., shall be continued to March 6, 2012, or as soon thereafter as counsel may be
27 heard; and the initial case management, ADR, and initial disclosure deadlines shall be rescheduled
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1672-1001 / 237415.1

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1 accordingly from the new case management conference date.
2 Dated: January 19, 2012

Respectfully submitted:

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OLIVIER TAILLIEU
RAFFI V. ZEROUNIAN
ZUBER & TAILLIEU LLP

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By:

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/s/Raffi V. Zerounian
Attorneys for Plaintiff QUADY WINERY INC.

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Dated: January 19, 2012

Respectfully submitted:
ROBERT W. SACOFF (pro hac vice motion to be
filed)
SETH I. APPEL
PATTISHALL, McAULIFFE, NEWBURY,
HILLIARD & GERALDSON LLP

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By:

/s/ Seth I. Appel
Attorneys for Defendants FREIXENET
AMERICA, INC.; FREIXENET USA, INC.;
FREIXENET, S.A.

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I, Raffi V. Zerounian, am the ECF User whose identification and password are being used to file

17 this document. I hereby attest that counsel for Defendants has concurred in this filing.
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ORDER
Upon reviewing the Stipulation and for good cause being shown, IT IS HEREBY

22 ORDERED that Defendants’ answer or responsive pleading is due on or before February 23,
23 2012. The Scheduling Conference is continued from February 6, 2012 to March 7, 2012 at 8:30
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AM in Courtroom 8 before Judge McAuliffe. A JOINT Scheduling Conference Report, carefully

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prepared and executed by all counsel, shall be electronically filed in full compliance with the
requirements set forth in the Order Setting Mandatory Scheduling Conference, one (1) full week

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1672-1001 / 237415.1

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1 prior to the Scheduling Conference, and a copy shall be e-mailed, in WordPerfect or Word format,
2 to [e-mail].
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IT IS SO ORDERED.

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Dated:

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/s/ Barbara

January 23, 2012

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

10c20kb8554

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1672-1001 / 237415.1

A. McAuliffe

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