Meyer Manufacturing Company Limited v. Telebrands Corp.

Filing 33

STIPULATION and ORDER 32 to postpone deadline and related dates signed by Judge Lawrence K. Karlton on 4/11/2012. Initial Scheduling Conference is CONTINUED to 5/29/2012 at 2:00 PM in Courtroom 4 (LKK). Dates for meeting counsel, initial disclosure, and filing of Case Management / Status Reports, shall be proportionately moved back same number of days as Scheduling Conference. (Marciel, M)

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1 2 3 4 5 6 7 8 9 ROPERS, MAJESKI, KOHN & BENTLEY Neil A. Smith, Esq. (SBN 63777) 50 West San Fernando Street, Suite 1400 San Jose, CA 95113-2429 Telephone: (408) 287-6262 Facsimile: (408) 918-4501 Email: nsmith@rmkb.com OF COUNSEL: COOPER & DUNHAM LLP Peter D. Murray, Esq. (Pro Hac Vice) Robert T. Maldonado, Esq. (Pro Hac Vice) Hindy Dym, Esq. (Pro Hac Vice) 30 Rockefeller Plaza New York, New York 10112 Telephone: (212) 278-0509 Facsimile: (212) 391-0525 Email: rmaldonado@cooperdunham.com 10 11 12 13 14 15 Attorneys for Defendant TELEBRANDS CORP., a New Jersey Corporation HOLLAND & KNIGHT LLP R. David Donoghue, Esq. (SBN 205730) (Counsel for Service) Michael A. Grill, Esq. (Pro Hac Vice) 131 South Dearborn Street, 30th Street Chicago, Illinois 60603 Telephone: (312) 263-3600 Facsimile: (312) 263-6666 Email: david.donoghue@hklaw.com 16 17 18 19 HOLLAND & KNIGHT LLP Matthew P. Vafidis (SBN 1003578) 50 California Street, 28th Floor San Francisco, CA 94111 Telephone: (415) 743-6900 Facsimile: (415) 743-6910 Email: matthew.vafidis@hklaw.com 20 21 Attorneys for Plaintiff MEYER MANUFACTURING COMPANY LIMITED 22 UNITED STATES DISTRICT COURT 23 EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION 24 25 MEYER MANUFACTURING COMPANY LIMITED, a Hong Kong Corporation, 26 27 Plaintiff, v. CASE NO. 2:11-cv-03153 LKK-DAD STIPULATION AND ORDER REQUESTING THE COURT TO POSTPONE STATUS REPORT DEADLINE, INITIAL STATUS CONFERENCE, AND RELATED DATES, UNTIL AFTER DEFENDANT FILES ITS ANSWER 28 Stipulation Postponing Case Management Conference -1- CASE NO. 2:11-CV-03153 LKK-DAD 1 TELEBRANDS CORP., a New Jersey Corporation, 2 Defendant. 3 4 Plaintiff MEYER MANUFACTURING COMPANY LIMITED and Defendant 5 TELEBRANDS CORP., by their counsel, hereby stipulate, agree, and request, subject to approval 6 by the Court, to postpone the parties' deadline for submitting their Status Report, currently set for 7 April 16, 2012, as well as the Status Conference, currently set for April 30, 2012, at 2:00 p.m., 8 until May 29, 2012, at 2:00 p.m., pursuant to the proposed Order form below. 9 On April 9, 2012, the Court denied Defendant's Motion to Transfer this action to the 10 United States District Court for New Jersey as well as Defendant's Motion to Extend the Time to 11 Answer the Complaint. The Court ordered Defendant to file its Answer by April 16, 2012. 12 Immediately prior to the Court's ruling, the parties had agreed to, and were in the process of 13 finalizing a stipulation to postpone the initial Status Conference and related deadlines until after 14 the Court ruled and after Defendant filed its Answer. 15 As currently scheduled, the parties' Status Report is due on April 16, 2012, the same day 16 as Defendant's Answer is now due. But Defendant's Answer and any counterclaims will 17 undoubtedly affect case management, as well as the scope of the parties' conference pursuant to 18 Federal Rule of Civil Procedure 26(f). Therefore, without prejudice to either party, the parties 19 jointly request that this Court postpone the April 16, 2012 Status Report deadline, along with the 20 April 30, 2012 Case Management Conference, and other deadlines and obligations relating 21 thereto, including the time for the parties to exchange initial disclosures pursuant to Federal Rule 22 of Civil Procedure 26(a), in order to allow the parties time to evaluate Defendant's Answer, and to 23 hold a meaningful Rule 26(f) conference thereafter, prior to submitting their Status Report and 24 serving initial disclosures. 25 26 WHEREFORE, in the interests of justice and efficiency, the parties jointly request that the Court approve the [Proposed] Order below. 27 28 Stipulation Postponing Case Management Conference -2- CASE NO. 2:11-CV-03153 LKK-DAD 1 2 3 Dated: April 10, 2012 HOLLAND & KNIGHT LLP By: /s/ Michael A. Grill R. DAVID DONOGHUE MICHAEL A. GRILL Attorneys for Plaintiff MEYER MANUFACTURING COMPANY LIMITED 4 5 6 7 8 Dated: April 10, 2012 COOPER & DUNHAM LLP ROPERS, MAJESKI, KOHN & BENTLEY 9 10 By: /s/ Neil A. Smith NEIL A. SMITH Attorneys for Defendant TELEBRANDS CORP. 11 12 13 ORDER POSTPONING CASE MANAGEMENT 14 15 16 17 18 19 20 21 22 23 24 Plaintiff and Defendant having jointly requested that the Court postpone the Initial Scheduling Conference, and the dates and meetings relating thereto, to allow sufficient time for the parties to meet and confer and to submit their initial status report following Defendant's filing of its Answer, which must be filed on April 16, 2012, IT IS HEREBY ORDERED that the Initial Scheduling Conference in this action shall be scheduled on May 29, 2012, at 2:00 p.m. Dates for meeting of counsel, initial disclosures, and the filing of Case Management/ Status Reports, shall be proportionately moved back the same number of days as the Initial Scheduling Conference, as set by the Court. Dated: April 11, 2012 25 26 27 28 Stipulation Postponing Case Management Conference -3- CASE NO. 2:11-CV-03153 LKK-DAD

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