Mecom Equipment, LLC v. Hyundai Construction Equipment Americas, Inc.

Filing 9

STIPULATION and ORDER 8 re plaintiff's 6 Motion for Temporary Restraining Order signed by Judge Garland E. Burrell, Jr. on 7/4/2013. Hearing on 6 Motion is CONTINUED to for 8/12/2013 at 9:00 AM in Courtroom 10 (GEB). Plaintiff shall file all moving papers no later than 7/15/2013. Defendant shall file and serve all Opposition documents no later than 7/24/2013. Plaintiff shall file and serve all reply papers no later than 8/5/2013. (Marciel, M)

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MARCO QUAZZO (CA SBN 142182; [e-mail])
CHRISTOPHER D. JENSEN (CA SBN 235108; [e-mail])
BARG COFFIN LEWIS & TRAPP, LLP
350 California Street, 22nd Floor
San Francisco, California 94104-1435
Telephone: [phone]
Fax: [phone]

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RONALD K. GARDNER (MN#246797) (PRO HAC VICE PENDING)
JOHN D. HOLLAND (MN#028614X) (PRO HAC VICE PENDING)
DADY & GARDNER, P.A.
5100 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
Telephone: [phone]

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Attorneys for Plaintiff MECOM EQUIPMENT, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MECOM EQUIPMENT, LLC, a California
limited liability company,

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Plaintiff,
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v.

Case No. 2:13-CV-01287-GEB-EFB
STIPULATION AND ORDER RE:
PLAINTIFF’S MOTION FOR A
PRELIMINARY INJUNCTION

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HYUNDAI CONSTRUCTION
EQUIPMENT AMERICAS, INC. f/k/a
HYUNDAI CONSTRUCTION
EQUIPMENT USA, INC., an Illinois
corporation principally operating in the State
of Georgia,

Date:
Time:
Dept.:
Judge:

August 12, 2013
9:00 a.m.
Courtroom 10, 13th Floor
Hon. Garland E. Burrell, Jr.

Defendant.

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STIPULATION AND ORDER RE: PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION
(Case No. 2:13-CV-01287-GEB-EFB)
2699414.1

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Plaintiff Mecom Equipment, LLC (“Mecom”) and Defendant Hyundai Construction

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Equipment Americas, Inc. (“Hyundai”) hereby stipulate to the following briefing and hearing

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schedule for Mecom’s anticipated Motion for Preliminary Injunction:

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1.

Plaintiff shall file and serve all moving papers no later than July 15, 2013.

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2.

Defendant shall file and serve all opposition papers no later than July 24, 2013.

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3.

Plaintiff shall file and serve all reply papers no later than August 5, 2013.

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4.

The hearing of Plaintiff’s motion shall occur on August 12, 2013, at 9:00 a.m., in

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the above-entitled Court.

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Plaintiff recently filed a motion for a Temporary Restraining Order (“TRO”). This

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Stipulation shall further confirm the Parties’ agreement that in return for Plaintiff’s withdrawal of

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its TRO Motion, Defendant has agreed to maintain the status quo regarding discount pricing

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issues pending the August 12, 2013 hearing of Plaintiff’s Motion for Preliminary Injunction.

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DATED: July 2, 2013

BARG COFFIN LEWIS & TRAPP, LLP

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By:/s/ Christopher D. Jensen
CHRISTOPHER D. JENSEN
Attorneys for Plaintiff
MECOM EQUIPMENT, LLC

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DATED: July 2, 2013

BARTKO, ZANKEL, BUNZEL & MILLER

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By:/s/ C. Griffith Towle
C. GRIFFITH TOWLE
Attorneys for Defendant
HYUNDAI CONSTRUCTION EQUIPMENT
AMERICAS, INC.

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IT IS SO ORDERED.
_________________________

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Dated: July 4, 2013

GARLAND E. BURRELL, JR.
Senior United States District Judge

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STIPULATION AND ORDER RE: PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION
(Case No. 2:13-CV-01287-GEB-EFB)

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2699414.1