Starbucks Corporation v. Amcor Packaging Distribution, et al.,

Filing 155

STIPULATION and ORDER for request for referral to a magistrate judge for settlement signed by Senior Judge William B. Shubb on 9/29/2016. (Kirksey Smith, K)

1
2
3
4

JOSHUA E. KIRSCH (179110)
GIBSON ROBB & LINDH LLP
201 Mission Street, Suite 2700
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

5
6
7

Attorneys for Plaintiff
STARBUCKS CORPORATION

8
9
10
11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14

STARBUCKS CORPORATION, a
corporation,

15
Plaintiff,
16
17

v.

Case No. 2:13-cv-01754 WBS CKD
JOINT STIPULATION FOR REQUEST
FOR REFERRAL TO A MAGISTRATE
JUDGE FOR SETTLEMENT
CONFERENCE; [PROPOSED] ORDER
THEREON

18
19
20
21
22
23
24
25

AMCOR PACKAGING DISTRIBUTION, a
corporation; AMCOR PACKAGING (USA),
INC., a corporation; and PALLETS
UNLIMITED, LLC, a limited liability
company,
Defendants.
_____________________________________
AND ALL RELATED CROSS-ACTIONS
______________________________________

Complaint Filed: August 23, 2013
Trial Date: November 8, 2016

26

Starbucks Corporation ("Starbucks") and Amcor Packaging Distribution ("Amcor")

27

stipulate to a request for referral to a magistrate judge to conduct a settlement conference between

28

those two parties (the other parties to this action have settled out of the case and will be
JOINT STIPULATION FOR REQUEST FOR REFERRAL TO A MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE; [PROPOSED]
ORDER THEREON
CASE NO.: 2:13-CV-01754-WBS-CKD; OUR FILE NO. 5721.09

1

1

dismissed very soon). At the Pretrial conference held on September 26, 2016, the parties advised

2

the Court that they intended to return to retired Judge Raul Ramirez ("Judge Ramirez") for a

3

second session of private mediation (the first session having been held on August 16, 2016);

4
however, the parties learned on September 28, 2016 Judge Ramirez's mediation calendar may not
5
6

allow for suitable availability. Therefore, the parties to this stipulation request referral to a sitting

7

magistrate judge who can conduct a settlement conference on October 13, 2016 (a date on which

8

all parties, representatives, and counsel are available) or another agreeable date no later than

9

October 14, 2016. The parties are amenable to any available magistrate judge, including the

10
11

magistrate judge assigned to this case. Accordingly, the parties are also submitting the Waiver of
Disqualification form.

12
Joshua E. Kirsch, attests that approval from all counsel has been obtained in authorization
13
14
15

of the submission of this document on their behalf.
IT IS SO STIPULATED.

16
17

Dated: September 28, 2016

GIBSON ROBB & LINDH LLP

18
/s/ JOSHUA E. KIRSCH
Joshua E. Kirsch, Esq.
[e-mail]
Attorneys for Plaintiff
STARBUCKS CORPORATION

19
20
21
22
23

Dated: September 28, 2016

24

BORTON PETRINI, LLP
/s/ STEPHEN RUEHMANN
Stephen Ruehmann, Esq.
[e-mail]
Attorneys for Defendants/Cross Claimants
AMCOR PACKAGING DISTRIBUTION
AND AMCOR PACKAGING (USA), INC.

25
26
27
28

JOINT STIPULATION FOR REQUEST FOR REFERRAL TO A MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE; [PROPOSED]
ORDER THEREON
CASE NO.: 2:13-CV-01754-WBS-CKD; OUR FILE NO. 5721.09

2

1

IT IS SO ORDERED.

2
3

Dated: September 29, 2016

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION FOR REQUEST FOR REFERRAL TO A MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE; [PROPOSED]
ORDER THEREON
CASE NO.: 2:13-CV-01754-WBS-CKD; OUR FILE NO. 5721.09

3