Aspex Eyewear, Inc. v. Vision Service Plan et al

Filing 18

STIPULATION and ORDER signed by Judge John A. Mendez on 4/16/2010 ORDERING 16 Plaintiff will file an Amended Notice of Motion for Preliminary Injunction by 4/19/2010; Defendants will file their respective Oppositions to the Motion for Preliminary I njunction on or before 4/30/2010, Plaintiff will file its Reply to the Oppositions to the Motion for Preliminary Injunction on or before 5/11/2010. The hearing on Plaintiff's Motion for Preliminary Injunction shall be on 5/19/2010. All defendants shall file and serve their responsive pleadings on or before 4/30/2010. (Reader, L)

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KATHLEEN E. FINNERTY - (SBN 157638) (Counsel for Service) NANCY J. DOIG - (SBN 226593) GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: [phone] Facsimile: [phone] [e-mail], [e-mail] Attorneys for Plaintiff ASPEX EYEWEAR, INC.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ASPEX EYEWEAR, INC.,

) ) Plaintiff, ) ) v. ) ) ) VISION SERVICE PLAN; MARCHON ) EYEWEAR, INC.; ALTAIR EYEWEAR, INC.,) ) Defendants. ) ) ) )

CASE NO. 2:10 CV 00632 JAM-GGH STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND DEADLINE FOR RESPONSIVE PLEADINGS Date: Time: Ctrm: Judge: May 19, 2010 9:30 a.m. 6 Hon. John A. Mendez

The Court has scheduled a hearing on Plaintiff's motion for preliminary injunctive relief at 9:30 a.m. on May 19, 2010. The parties agree that the following briefing schedule and alteration of the page limits on principal and final reply briefs will help the better present their arguments to the Court. The parties also have agreed to integrate their responses to the complaint into the preliminary injunction process as stated below. WHEREFORE, IT IS STIPULATED AS FOLLOWS: 1. Proposed briefing schedule:

(a)

Plaintiff filed its Motion for Preliminary Injunction and supporting documents on April 9, 2010, with a maximum page limit of 30 pages;

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1 STIPULATION RE: BRIEFING SCHEDULE & EXPEDITED DISCOVERY

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2. 30, 2010. 3.

(b)

Plaintiff will file an Amended Notice of Motion for Preliminary Injunction by April 19, 2010;

(c)

Defendants will file their respective Oppositions to the Motion for Preliminary Injunction and supporting documents on or before April 30, 2010, with a maximum page limit of 30 pages;

(d)

Plaintiff will file its Reply to the Oppositions to the Motion for Preliminary Injunction and supporting documents on or before May 11, 2010, with a maximum page limit of 15 pages; and

(e)

The hearing on Plaintiff's Motion for Preliminary Injunction and supporting documents shall be on May 19, 2010.

All defendants shall file and serve their responsive pleadings on or before April

In order to facilitate a full briefing and evidentiary record on the motion, the

parties will continue in their efforts to negotiate an expedited discovery schedule and stipulated facts. DATED: April 15, 2010 GREENBERG TRAURIG, LLP By: /s/ Nancy J. Doig Kathleen E. Finnerty (SBN 157638) Nancy J. Doig (SBN 226593) Attorneys for Plaintiff ASPEX EYEWEAR, INC.

DATED: April 15, 2010

DOWNEY BRAND LLP By: /s/ William Warne (as authorized on 4/15/10) William Warne (SBN 141280) Attorneys for Defendant VISION SERVICES PLAN

DATED: April __, 2010

WILKE FLEURY LLP By:

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GOOD CAUSE APPEARING, IT IS SO ORDERED. DATED: April 16, 2010 DATED: April 15, 2010

________________________________ Matthew Powell (SBN 114563) Attorneys for Defendant ALTAIR EYEWEAR, INC.

HOWRY LLP By: /s/ Paul Alexander (as authorized on 4/15/10) Paul Alexander (SBN 49997) Attorneys for Defendant MARCHON EYEWEAR, INC. ORDER .

/s/ John A. Mendez_____________ JOHN A. MENDEZ United States District Court Judge

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3 STIPULATION RE: BRIEFING SCHEDULE & EXPEDITED DISCOVERY