Remark Enterprises LLC et al v. Mecotec GMBH et al

Filing 41

JOINT STATUS REPORT ORDER signed by District Judge John A. Mendez on 12/04/17 ORDERING that a joint status report shall be filed by 01/19/18 to address thestatus of Direct Sales' claims in this Action in the event that a global settlement is not reached by such date. The Court will consider at the time of the filing of the joint status report whether a status conference will be set. (Benson, A.)

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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A PROFESSIONAL CORPORATION
Martin N. Jensen, SBN 232231
Lauren E. Calnero, SBN 284655
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
Attorneys for Plaintiffs,
REMARK ENTERPRISES, LLC and
US CRYOTHERAPY DIRECT SALES, LLC
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]
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,
Plaintiffs,

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v.

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CASE NO. 2:16-cv-00755-JAM-CKD
JOINT STATUS REPORT

Judge Hon. John A. Mendez
MECOTEC GMBH and MECOTEC SALES
GMBH,
Defendants.
____________________________________/

Complaint Filed:
Trial:

April 13, 2016
April 2, 2018

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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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{01748131.DOCX}

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JOINT STATUS REPORT

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

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their attorneys of record, hereby stipulate as follows:

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RECITALS

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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A.

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

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

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

arbitrate their disputes as part of the ICC Arbitration.
D.

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

Plaintiffs raised the argument that the underlying agreement which contained the arbitration
clause at-issue (the “Exclusive Distribution Agreement”) was a draft document and not an
operative contract.

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E.

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

Validity of Distribution Agreement (Document No. 30) Scheduling for October 16, 2017, a trial
on the issue of whether the Exclusive Distribution Agreement was a draft agreement and
binding on Remark. Pretrial conference was scheduled for September 1, 2017, with a joint pretrial conference statement due on August 25, 2017. This order did not affect Direct Sales as the
Court found that 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, Remark has moved to

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enter its judgment in Germany.
H.

Remark contends that MecoTec has a payment obligation to Remark related to

the ICC judgment in Germany.
I.
{01748131.DOCX}

The Parties are continuing to discuss the concept of a global settlement.
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JOINT STATUS REPORT

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STIPULATION
1.

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

approximately 60 days, on a date that is convenient for the Court, to address the remaining
claims of Direct Sales if the Parties’ settlement negotiations are unsuccessful.

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IT IS SO STIPULATED:

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Dated: December 4, 2017

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PORTER SCOTT
A PROFESSIONAL CORPORATION

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By:
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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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/s/ Martin N. Jensen
Martin N. Jensen
Lauren E. Calnero
Attorneys for Plaintiffs

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Dated: December 1, 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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{01748131.DOCX}

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JOINT STATUS REPORT

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ORDER

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The Court, having considered the Joint Stipulation, hereby orders as follows:
1.

A joint status report shall be filed on or before January 19, 2018 to address the

status of Direct Sales’ claims in this Action in the event that a global settlement is not reached by
such date. The Court will consider at the time of the filing of the joint status report whether a

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status conference will be set.

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PORTER | SCOTT

IT IS SO ORDERED.

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Dated: December 4, 2017

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

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{01748131.DOCX}

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JOINT STATUS REPORT