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

Filing 161

STIPULATION and ORDER re Settlement 160 signed by Senior Judge William B. Shubb on 10/14/2016: The parties are ordered to appear by counsel at a Status Conference re Settlement on 11/28/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb to show cause why stipulation of dismissal of the entire action has not been filed. If a stipulation of dismissal has been filed by the parties no later than 11/21/2016, no appearance is required. (Kirksey Smith, K)

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1 2 3 4 5 JOSHUA E. KIRSCH (179110) GIBSON ROBB & LINDH LLP 201 Mission Street, Suite 2700 San Francisco, California 94105 Telephone: (415) 348-6000 Facsimile: (415) 348-6001 Email: jkirsch@gibsonrobb.com Attorneys for Plaintiff STARBUCKS CORPORATION 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 ) ) ) ) ) Plaintiff, ) v. ) ) 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 ) ) STARBUCKS CORPORATION, a corporation, Case No.: 2:13-cv-01754 WBS DB NOTICE OF SETTLEMENT AND STIPULATION FOR REQUEST TO SET STATUS CONFERENCE RE SETTLEMENT STATUS; [PROPOSED] ORDER THEREON Complaint Filed: August 23, 2013 Trial Date: November 8, 2016 20 21 The parties to this action are pleased to report that the matter settled at mediation on 22 October 13, 2016. The parties therefore request that the October 17, 2016 further Pretrial 23 Conference and the November 8, 2016 trial date be vacated. The parties intend to exchange 24 settlement paperwork and consideration, and to file a dismissal with prejudice of the entire 25 action, within 45 days of the settlement date. The parties therefore request that the Court set this 26 matter for a Status Conference re Settlement or similar court appearance on or about November 27 28, 2016, on which date counsel for the parties shall appear before the Court and show cause if 28 the parties have not filed their stipulation of dismissal by such date. NOTICE OF SETTLEMENT, REQUEST FOR STATUS CONFERENCE; [PROPOSED] ORDER THEREON Case No.: 2:13-cv-01754 WBS DB; Our File No.: 5721.09 1 2 3 Undersigned counsel for Plaintiff, Joshua E. Kirsch, certifies that all electronic signatures below have been duly authorized by signatory counsel per ECF Rule ยง 2(f)(4). IT IS SO STIPULATED. 4 5 Respectfully submitted, Dated: October 14, 2016 GIBSON ROBB & LINDH LLP 6 /s/ JOSHUA E. KIRSCH Joshua E. Kirsch, Esq. jkirsch@gibsonrobb.com Attorneys for Plaintiff STARBUCKS CORPORATION 7 8 9 10 Dated: October 14, 2016 WALKER WILCOX MATOUSEK LLP 11 /s/ EDWARD P. GIBBONS Edward P. Gibbons, Esq. Egibbons@wwmlawyers.com Attorneys for Defendants/Cross Claimants AMCOR PACKAGING DISTRIBUTION and AMCOR PACKAGING (USA), INC. 12 13 14 15 Dated: October 14, 2016 BORTON PETRINI, LLP 16 /s/ STEPHEN RUEHMANN Stephen Ruehmann, Esq. sruehmann@bortonpetrini.com Attorneys for Defendants/Cross Claimants AMCOR PACKAGING DISTRIBUTION and AMCOR PACKAGING (USA), INC. 17 18 19 20 21 IT IS SO ORDERED. The parties are ordered to appear by counsel at a Status Conference re Settlement on 22 November 28, 2016 at 1:30 p.m. in Courtroom 5 of this Court to show cause why stipulation of 23 dismissal of the entire action has not been filed. If a stipulation of dismissal has been filed by the 24 parties no later than November 21, 2016, no appearance is required. Dated: October 14, 2016 NOTICE OF SETTLEMENT, REQUEST FOR STATUS CONFERENCE; [PROPOSED] ORDER THEREON Case No.: 2:13-cv-01754 WBS DB; Our File No.: 5721.09 -2-

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