Jinjiang Daxing (Diapenie) Textile Co., Ltd. v. UV Skinz, Inc.

Filing 33

STIPULATION and ORDER to CONTINUE Hearing and Request for Appointment of Neutral for Settlement. The hearing on Plaintiff's Application for Right to Attach Order and Writ of Attachment currently set for hearing on March 27, 2015, is continued to April 22, 2015, at 10:00 a.m. Telephonic appearances are approved. All parties who elect to appear telephonically are to coordinate with each other one conference call to the Court at [phone] on the time and date for the hearing; and the Court will confer with the parties informally to select a convenient date and time for a settlement conference which will then be set formally by minute order. Order signed by Magistrate Judge Sheila K. Oberto on 3/26/2015. (Timken, A)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JINJIANG DAXING (DIAPENIE) TEXTILE

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Plaintiff and Counter-Defendant, )
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v.
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UV SKINZ, INC., a California corporation; and )
DOES 1 through 100.
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Defendant and Counterclaimant, )
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11 CO., LTD., a Chinese limited company,
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Case No. 1:14-cv-01926-WBS-SKO
JOINT STIPULATION TO
CONTINUE HEARING AND
REQUEST FOR APPOINTMENT OF
NEUTRAL FOR SETTLEMENT AND
ORDER
Current Hearing Date: March 27, 2015
Continued Hearing Date: April 22, 2015
Time: 10:00 a.m.
Location: Courtroom 7

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STIPULATION TO CONTINUE HEARING AND REQUEST FOR APPOINTMENT OF NEUTRAL;
ORDER THEREON

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Pursuant to Local Rule 143, Plaintiff Jinjiang Daxing (Diapenie) Textile Co., Ltd. and

2 Defendant UV Skinz, Inc. (together, the “Parties”), by and through their undersigned attorneys,
3 hereby enter into this Joint Stipulation to continue the hearing on Plaintiff’s Application for Right
4 to Attach Order and Writ of Attachment (Dkt. 15), currently set for hearing on March 27, 2015 at
5 3:00 p.m. in Courtroom 7 of the above captioned court.
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WHEREAS, on January 7, 2015, Plaintiff filed an application for a Right to Attach Order

7 and Writ of Attachment (“Writ of Attachment”) and noticed the hearing date for February 18, 2015
8 (Dkt. 15);
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WHEREAS, on February 12, 2015, the Court vacated the February 18, 2015 hearing on the

10 Writ of Attachment (Dkt. 25);
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WHEREAS, on March 19, 2015, Court set the hearing on Plaintiff’s Writ of Attachment

12 for March 27, 2015 (Dkt. 29);
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WHEREAS, the Parties have been actively engaged in settlement discussions and request

14 a continuance of the hearing date so that they may focus their efforts on settlement before the
15 hearing on and resolution of Plaintiff’s Writ of Attachment; and
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WHEREAS, the Parties request that the Court appoint a neutral or magistrate judge to

17 facilitate the Parties’ settlement discussions. The Parties do not believe the procedures set forth in
18 the Eastern District’s Voluntary Dispute Resolution Program are necessary given the significant
19 progress that the Parties have already made toward a resolution. The Parties anticipate the
20 neutral’s assistance would be limited to conducting phone conferences with the Parties and their
21 respective authorized representatives.
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Now, therefore, IT IS HEREBY STIPULATED by and between the Parties as follows:

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1.

The hearing on Plaintiff’s Writ of Attachment, currently set for March 27, 2015, is

24 continued to April 17, 2015 at 3:00 p.m. so that the Parties may focus their efforts on settlement.
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26 DATED: March 26, 2015

LEE TRAN & LIANG LLP

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By:

/s/ Enoch H. Liang_______________________
Enoch H. Liang
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STIPULATION TO CONTINUE HEARING AND REQUEST FOR APPOINTMENT OF NEUTRAL

Tiffany S. Hansen
Tyler R. Austin
Attorneys for Plaintiff and Cross-Defendant
Jinjiang Daxing (Diapenie)Textile Co., Ltd.

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4 DATED: March 26, 2015
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MORGAN, LEWIS & BOCKIUS LLP
By:

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/s/ Lucy Wang (as authorized on 3/26/2015)____
Charlene S. Shimada
Lucy Wang
Herman J. Hoying
Attorneys for Defendant and Cross-Complainant
UV Skinz, Inc.

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ORDER

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Based on the Joint Stipulation of the parties, and good cause appearing therefor, IT IS

12 ORDERED that:
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The hearing on Plaintiff’s Application for Right to Attach Order and Writ of

1.

14 Attachment currently set for hearing on March 27, 2015, be continued to April 22, 2015, at 10:00
15 a.m. Telephonic appearances are approved. All parties who elect to appear telephonically are to
16 coordinate with each other one conference call to the Court at [phone] on the time and date
17 for the hearing; and
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The Court will confer with the parties informally to select a convenient date and

19 time for a settlement conference which will then be set formally by minute order.
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IT IS SO ORDERED.
Dated:

March 26, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO CONTINUE HEARING AND REQUEST FOR APPOINTMENT OF NEUTRAL