Spectra Premium (USA) Corp. v. Radiator Express Warehouse, Inc.

Filing 33

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 02/05/09 ORDERING that the hearing on 6 Spectra's Application is CONTINUED to 02/20/09 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England, Jr.; Spectra's Supplement to Application shall be filed by 02/18/09; REW's 22 Motion to Dimiss is WITHDRAWN and REW will file an answer by 02/28/09. (Benson, A.)

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
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW NEW YORK

HOWARD HOLDERNESS, State Bar No. 169814 KARIN E. KRATTLI, State Bar No. 252034 MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant and Counterclaimant, SPECTRA PREMIUM INDUSTRIES INC., erroneously sued as Spectra/Premium Industries, Inc., and SPECTRA PREMIUM (USA) CORP. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RADIATOR EXPRESS WAREHOUSE, Plaintiff/Counter-Defendant, vs. SPECTRA/PREMIUM INDUSTRIES, INC., Defendant/Counterclaimant.

Case No. 2:08-CV-02417-MCE-EFB 2:08-CV-03127-MCE-EFB JOINT STIPULATION AND ORDER (1) RESCHEDULING HEARING ON SPECTRA PREMIUM INDUSTRIES INC. AND SPECTRA PREMIUM (USA) CORP.'S APPLICATION FOR RIGHT TO ATTACH ORDER AND (2) TAKING OFFCALENDAR RADIATOR EXPRESS WAREHOUSE'S MOTION TO DISMISS SPECTRA PREMIUM (USA) CORP.'S COMPLAINT Action Filed: Oct. 14, 2008 Trial Date: None Set Judge: Hon. Morrison C. England, Jr. Hearing Date: February 6, 2009 Time: 9:00 a.m. Courtroom: 7

SPECTRA PREMIUM (USA) CORP., Plaintiff, vs. RADIATOR EXPRESS WAREHOUSE, Defendant.

28
DB1/62569852.1

JOINT STIPULATION AND [PROPOSED] ORDER (2:08-CV-02417 AND 2:08-CV-03127)

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
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW NEW YORK

WHEREAS, Radiator Express Warehouse ("REW") filed its Complaint against Spectra Premium Industries Inc. ("Spectra") on October 14, 2008, case number 2:08-cv-02417; WHEREAS, Spectra filed an Answer and Counterclaim to REW's Complaint on December 23, 2008; WHEREAS, Spectra Premium (USA) Corp. ("Spectra USA") filed its Complaint against REW on December 23, 2008, case number 2:08-cv-03127; WHEREAS, Spectra and Spectra USA each filed a Notice of and Application for Right to Order and for Issuance of Writ of Attachment After Hearing and for Temporary Protective Order ("Applications") against REW on December 24, 2008; WHEREAS, REW filed a Motion to Dismiss Spectra USA's Complaint on January 12, 2009; WHEREAS, the Court ordered these cases related on January 20, 2009; WHEREAS, the Court ordered Spectra to file a supplement to its Application by 12:00 p.m. on February 5, 2009 describing the specific property of REW to be attached; WHEREAS, Spectra, Spectra USA, and REW are currently working towards an informal resolution of the disputes; WHEREAS, in the best interests of judicial economy and efficiency, the parties agree that the hearing on the pending Applications currently scheduled for February 6, 2009 at 9:00 a.m. should be continued to February 20, 2009 at 9:00 a.m. and that Spectra's supplement to its Application should be filed by February 18, 2009; WHEREAS, the parties further agree that REW's pending Motion to Dismiss scheduled for hearing February 20, 2009 at 9:00 a.m. is hereby withdrawn and should be formally taken offcalendar, and that REW will answer the Spectra USA Complaint on or before February 28, 2009. NOW THEREFORE, IT IS HEREBY STIPULATED between the parties, through their respective counsel of record, and subject to the approval of this Court, that: 1. Hearing on Spectra and Spectra USA's Applications scheduled for February 6,

2009 at 9:00 a.m. is re-scheduled to February 20, 2009 at 9:00 a.m. 2.
DB1/62569852.1

28

Spectra and Spectra USA's Supplement to Application shall be filed with the 2
JOINT STIPULATION AND [PROPOSED] ORDER (2:08-CV-02417 AND 2:08-CV-03127)

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
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW NEW YORK

Court and served no later than February 18, 2009. 3. Hearing on REW's Motion to Dismiss Spectra USA's Complaint scheduled for

February 20, 2009 is formally taken off calendar. 4. REW's Motion to Dismiss is withdrawn and REW will file an answer to the

Spectra USA Complaint on or before February 28, 2009. IT IS SO STIPULATED.

Dated: February 4, 2009

MORGAN, LEWIS & BOCKIUS LLP

By:

/S/ Howard Holderness Howard Holderness

Attorneys for Defendant and Counterclaimant SPECTRA PREMIUM INDUSTRIES INC., erroneously sued as Spectra/Premium Industries, Inc., and Plaintiff SPECTRA PREMIUM (USA) CORP. Dated: February 4, 2009 ADORNO YOSS ALVARADO & SMITH, APC

By:

/S/ Theodore E. Bacon Theodore E. Bacon

Attorneys for Plaintiff, Counter-Defendant, and Defendant RADIATOR EXPRESS WAREHOUSE

THE FOREGOING STIPULATION IS APPROVED AND SO ORDERED. DATED: February 5, 2009 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

28
DB1/62569852.1

3

JOINT STIPULATION AND [PROPOSED] ORDER (2:08-CV-02417 AND 2:08-CV-03127)

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
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW NEW YORK

ATTESTATION

I hereby attest that I have on file PDF copies of all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document. Dated: February 4, 2009 MORGAN, LEWIS & BOCKIUS LLP By: /S/ Howard Holderness Howard Holderness

Attorneys for Defendant and Counterclaimant SPECTRA PREMIUM INDUSTRIES INC., erroneously sued as Spectra/Premium Industries, Inc., and Plaintiff SPECTRA PREMIUM (USA) CORP.

28
DB1/62569852.1

4

JOINT STIPULATION AND [PROPOSED] ORDER (2:08-CV-02417 AND 2:08-CV-03127)