The Sherwin-Williams Company v. Courtesy Oldsmobile-Cadillac, Inc., et al.

Filing 67

STIPULATION and ORDER FOR A STAY OF THE DEADLINE TO FILE DISPOSITIVE MOTIONS; Dispositive Motion Deadline is Extended fourteen (14) days from the date of this order, signed by Magistrate Judge Michael J. Seng on 4/1/2017. (Lafata, M)

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1 2 3 4 5 McCORMICK BARSTOW, LLP Gregory S. Mason Greg.mason@mccormickbarstow.com 7647 N. Fresno Street Fresno, CA 93720 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 6 YOUNG BASILE HANLON & MACFARLANE, PC Jeffrey D. Wilson, Esq. (pro hac vice) 7 wilson@youngbasile.com 8 George S. Fish (pro hac vice) 9 fish@youngbasile.com Natasha M. Lockhart (pro hac vice) 10 lockhart@youngbasile.com 11 3001 West Big Beaver Road, Suite 624 Troy, MI 48084 12 Telephone: (248) 649-3333 13 Facsimile: (248) 649-3338 14 Attorneys for Plaintiff The Sherwin-Williams Company, 15 d/b/a Sherwin-Williams Automotive Finishes 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 THE SHERWIN-WILLIAMS ) Case No.: 1:15-cv-01137-MJS ) COMPANY, d/b/a SHERWIN20 WILLIAMS AUTOMOTIVE FINISHES, ) ) 21 ) STIPULATION AND ORDER FOR A Plaintiff, ) STAY OF THE DEADLINE TO FILE 22 ) DISPOSITIVE MOTIONS vs. ) ) 23 COURTESY OLDSMOBILECADILLAC, INC. AND BEN WELLS, ) ) 24 ) ) Defendants. 25 ) ) 26 27 28 1 Stipulation and Order for Stay of Deadlines 1:15-cv-01137-MJS 1 To the Honorable Michael J. Seng, United States Magistrate Judge: 2 Plaintiff The Sherwin-Williams Company (“Plaintiff”) and Defendants Courtesy 3 Oldsmobile-Cadillac, Inc. and Ben Wells (collectively, “Defendants”), by and through 4 their undersigned counsel, hereby agree and stipulate as follows: RECITALS 5 6 Whereas, the parties voluntarily attended mediation on March 30, 2017, 7 Whereas, the parties have come to a tentative settlement agreement, 8 Whereas, the parties have agreed to a stay of the deadline in which to file 9 dispositive motions to allow the parties time to finalize and execute the settlement 10 agreement. 11 12 STIPULATION It is hereby stipulated and agreed to by and between Plaintiff and Defendants as 13 follows: 14 1. There shall be a stay of the deadline in which to file dispositive motions 15 pending the execution of the parties’ settlement agreement. 16 IT IS SO STIPULATED. 17 18 19 20 Dated: March 31, 2017 /s/ Natasha M. Lockhart Natasha M. Lockhart Attorneys for Plaintiff /s/ Matthew W. Quall (with permission) Matthew W. Quall Attorneys for Defendants 21 22 23 24 25 26 27 28 2 Stipulation and Order for Stay of Deadlines 1:15-cv-01137-MJS 1 2 ORDER Good cause appearing, it is hereby ordered that the deadline in which to file 3 dispositive motions in this case is extended to a date 14 days from the date of this Order. 4 5 6 7 IT IS SO ORDERED. Dated: April 1, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation and Order for Stay of Deadlines 1:15-cv-01137-MJS 1 2 3 4 5 6 7 PROOF OF SERVICE The Sherwin-Williams Company v. Courtesy Oldsmobile-Cadillac, Inc. and Ben Wells Case No.: 1:15-CV-01137-MJS I am employed in the County of Oakland, State of Michigan; I am over the age of eighteen (18) and not a party to the within action; my business address is 3001 W. Big Beaver Road Suite 624, Troy, MI 48084. On March 31, 2017, I served the document(s) described as Stipulation and [Proposed] Order for A Stay of the Deadline to File Dispositive Motions on all interested parties to this action by delivering a copy thereof via electronic mail to each of said interested parties at the following address(es): 8 Matthew W. Quall Mary E. Krugh Quall Cardot, LLP 205 East River Circle, Suite 110 Fresno, CA 93720 Tel: (559) 418-0333 Fax: (559) 418-0330 mquall@quall@quallcardot.com mkrugh@quallcardot.com Attorneys for Defendant 9 10 11 12 13 14 15  16 17 18 19 20 21  22 23  24 25 26 27 28 (BY MAIL) I am readily familiar with the firm's business practice for collection and processing of correspondence for mailing with the United States Postal Service. This correspondence shall be deposited with the United States Postal Service this same day in the ordinary course of business at our firm's office address in Troy, Michigan. Service made pursuant to this paragraph, upon motion of a party served, shall be presumed invalid if the postal cancellation date of postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this affidavit. (BY E-MAIL SERVICE) I caused such document to be delivered electronically via e-mail to the e-mail address of the addressee(s) set forth above. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury that the above is true and correct. Executed on March 31, 2017, at Troy, Michigan. /s/ Natasha M. Lockhart Natasha M. Lockhart 1 Proof of Service 1:15-cv-01137-MJS

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