Joli Grace, LLC v. Country Visions, Inc.

Filing 31

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/23/16: HEARING as to 17 Motion to Dismiss continued to 11/28/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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1 2 3 4 5 6 7 8 DOWNEY BRAND LLP ELIZABETH B. STALLARD (Bar No. 221445) 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 Telephone: 916.444.1000 Facsimile: 916.444.2100 estallard@downeybrand.com GARNER & GINSBURG, P.A. W. Michael Garner (MN Bar No. 0274914) (admitted pro hac vice) 222 South Ninth Street, Suite 2930 Minneapolis, MN 55402 Telephone: (612) 259-4800 Facsimile: (612) 259-4810 wmgarner@yourfranchiselawyer.com 9 10 11 Attorneys for Plaintiff/Counter-Defendants JOLI GRACE, LLC; STACIE LANCASTER; ARTHUR LANCASTER; and LOVE GRACE HOLDINGS, INC. DOWNEY BRAND LLP 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 16 JOLI GRACE, LLC, a Louisiana Limited Liability Company, Plaintiff, 17 JOINT STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS COUNTERCLAIM; [PROPOSED] ORDER v. 18 19 Case No. 2:16-cv-01138-WBS-EFB COUNTRY VISIONS, INC., a California corporation, 20 Defendant. 21 22 AND RELATED CROSS-ACTIONS. 23 24 Plaintiff/Counter-Defendants JOLI GRACE, LLC; STACIE LANCASTER; ARTHUR 25 LANCASTER; and LOVE GRACE HOLDINGS, INC., and Defendant/Counter-Claimant 26 COUNTRY VISIONS, INC. (the “Parties”), by and through their respective counsel of record, 27 stipulate as follows: 28 /// 1461077.2 1 JOINT STIP TO CONTINUE HEARING ON MOTION TO DISMISS COUNTERCLAIM; [PROPOSED] ORDER 1 RECITALS 2 On October 17, 2016, Plaintiff/Counter-Defendants JOLI GRACE, LLC, STACIE 3 LANCASTER, LOVE GRACE HOLDINGS, INC. AND ARTHUR LANCASTER (Counter- 4 Defendants) filed a motion to dismiss counterclaim. The motion is currently set for hearing on 5 October 31, 2016. 6 Counsel for Plaintiff/Counter-Defendants has a scheduling conflict with the current 7 hearing date. Defendant/Counter-Claimant is willing to continue the date of the hearing to 8 accommodate this scheduling conflict so long as the briefing schedule for the Motion remains 9 based on the initial hearing date, and Counter Defendants do not seek to change the November 10 14, 2016 hearing date on Defendant’s Motion for a Preliminary Injunction. 11 STIPULATION DOWNEY BRAND LLP 12 The Parties stipulate to vacate the hearing date of October 31, 2016, and continue the 13 motion hearing to November 28, 2016. The deadline to file any reply papers shall not move and 14 shall be based on the original hearing date, and Counter-Defendants will not seek to change the 15 hearing date on Defendant’s Motion for a Preliminary Injunction. 16 17 DATED: October 24, 2016 DOWNEY BRAND LLP 18 By: 19 20 21 22 DATED: October 24, 2016 /s/ Elizabeth B. Stallard ELIZABETH B. STALLARD Attorneys for Plaintiff/Counter-Defendants JOLI GRACE, LLC; STACIE LANCASTER, ARTHUR LANCASTER; and LOVE GRACE HOLDINGS, INC. DLA PIPER LLP 23 24 By:/s/ Robert D. Swanson (as authorized on 10/24/16) ROBERT D. SWANSON Attorneys for Defendants/Counter-Claimant COUNTRY VISIONS, INC. 25 26 27 28 1461077.2 2 JOINT STIP TO CONTINUE HEARING ON MOTION TO DISMISS COUNTERCLAIM; [PROPOSED] ORDER 1 ORDER Based on the Parties’ stipulation, and good cause appearing therefore, IT IS HEREBY 2 3 ORDERED that the hearing date on the pending motion to dismiss be vacated and continued to 4 November 28, 2016, at 1:30 p.m. in Courtroom 5, 14th Floor. The deadline to file any reply shall 5 not move and shall be based on the original hearing date. 6 7 8 IT IS SO ORDERED. Dated: October 24, 2016 9 10 11 DOWNEY BRAND LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1461077.2 3 JOINT STIP TO CONTINUE HEARING ON MOTION TO DISMISS COUNTERCLAIM; [PROPOSED] ORDER

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