Remark Enterprises LLC et al v. Mecotec GMBH et al

Filing 38

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/25/17, ORDERING that the 10/16/2017 trial date, and the 9/1/2017 pre-trial conference are hereby VACATED. A joint status report shall be filed on or before 12/1/2017 to address thestatus of Direct Sales' claims in this Action in the event that a global settlement is not reached by such date. (Kastilahn, A)

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A PROFESSIONAL CORPORATION
Martin N. Jensen, SBN 232231
Katlyn L. Gregg, SBN 306078
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

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Attorneys for Plaintiffs,
REMARK ENTERPRISES, LLC and
US CRYOTHERAPY DIRECT SALES, LLC

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JEFFER, MANGELS, BUTLER & MITCHELL, LLC
Matthew S. Kenefick, SBN 227298
Afua Adjei, SBN 300059
Two Embarcadero Center, 5th Floor
San Francisco, CA 94111-3813
[e-mail]
[e-mail]

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Attorneys for Specially Appearing Defendants,
MECOTEC GMBH and MECOTECH SALES GMBH

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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REMARK ENTERPRISES LLC and US
CRYOTHERAPY DIRECT SALES LLC

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2:16-cv-00755-JAM-CKD

JOINT STIPULATION RE VACATING
OCTOBER TRIAL DATE

Plaintiffs,

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CASE NO.

v.
MECOTEC GMBH and MECOTEC SALES
GMBH
Defendants.

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Judge Hon. John A. Mendez
Discovery Cutoff:
May 26, 2017
Pretrial Conference: September 1, 2017
Trial Date:
October 16, 2017

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STIPULATION RE VACATING OCTOBER TRIAL DATE- 1 -

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Plaintiffs, Remark Enterprises LLC (“Remark”), US Cryotherapy Direct Sales LLC

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(“Direct Sales” collectively with Remark, “Plaintiffs”), and Defendants, Mecotec GMBH, and

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Mecotec Sales GMBH (collectively, MecoTec”) (collectively the “Parties”), by and through their

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attorneys of record, hereby stipulate as follows:

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RECITALS

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A.

International Chamber of Commerce against Plaintiffs (the “ICC Arbitration”).

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B.

On April 13, 2016, Plaintiffs filed their Complaint against Defendants in the

United States District Court, Eastern District of California, thereby commencing this Action.

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On January 27, 2016, MecoTec instituted arbitration proceedings in the

C.

On September 15, 2016, MecoTec filed its motion to compel Plaintiffs to

arbitrate their disputes as part of the ICC Arbitration.

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D.

In opposition to MecoTec’s motion to compel Plaintiffs to arbitrate their

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claims, Plaintiffs raised the argument that the underlying agreement which contained the arbitration

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clause at-issue (the “Exclusive Distribution Agreement”) was a draft document and not an

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operative contract.

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E.

On November 23, 2016, the Court entered its Order Re Trial of Issues on

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Validity of Distribution Agreement (Document No. 30) Scheduling for October 16, 2017, a trial on

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the issue of whether the Exclusive Distribution Agreement was a draft agreement and binding on

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Remark. Pretrial conference was scheduled for September 1, 2017, with a joint pre-trial conference

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statement due on August 25, 2017. This order did not affect Direct Sales as the Court found that

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Direct Sales was not subject to the arbitration provisions of the Exclusive Distribution Agreement.

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F.

On June 8, 2017, the Final Award was issued in the ICC Arbitration.

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G.

Following issuance of the ICC Arbitration Final Award, the Parties have been

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negotiating a settlement and such negotiations are ongoing.

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H.

To permit furtherance of such negotiations, on August 22, 2017, Remark

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filed its Request for Dismissal of its Claims pursuant to Federal Rule of Civil Procedure 41, thereby

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requesting dismissal without prejudice of its claims that are being asserted in this lawsuit.

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JOINT STIPULATION RE VACATING OCTOBER TRIAL DATE

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STIPULATION
1.

The Parties request that the October 16, 2017 trial date and September 1,

2017 pre-trial conference both be vacated.
2.

The Parties request that the Court set a status conference to occur in

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approximately 90 days, on a date that is convenient for the Court, to address the remaining claims of

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Direct Sales if the Parties’ settlement negotiations are unsuccessful.

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IT IS SO STIPULATED:
Dated: August 25, 2017

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PORTER SCOTT
A PROFESSIONAL CORPORATION

By:

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/s/ Martin N. Jensen
Martin N. Jensen
Katlyn L. Gregg
Attorneys for Plaintiffs

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Dated: August 25, 2017

JEFFER MANGELS BUTLER &
MITCHELL LLP

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By:

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/s/ Matthew S. Kenefick
Matthew S. Kenefick
Afua Adjei
Attorneys for Specially Appearing
Defendants MECOTEC GMBH and
MECOTEC SALES GMBH

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STIPULATION RE VACATING OCTOBER TRIAL DATE
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ORDER(AS MODIFIED BY THE COURT)

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The Court, having considered the Joint Stipulation Re Arbitration of Claims, hereby orders

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as follows:
1.

The October 16, 2017 trial date in this matter is hereby vacated;

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The September 1, 2017 pre-trial conference is hereby vacated;

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A joint status report shall be filed on or before December 1, 2017 to address the

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status of Direct Sales’ claims in this Action in the event that a global settlement is not reached by

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such date.

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IT IS SO ORDERED:

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Dated: 8/25/2017

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

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