Audi AG, et al v. TCB Imports, et al.,

Filing 12

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/11/17 ORDERING that Defendants shall have until 10/2/17, to file an answer to the Complaint. Defendants shall have until 10/6/17, to respond to or otherwise oppose Audi's an d Bentley's MOTION for Preliminary Injunction. Audi and Bentley shall have until 10/13/17, to file a reply to any such opposition to Audi's and Bentley's MOTION for Preliminary Injunction filed by the defendants; and The hearing on Audi's and Bentley's Motion for Preliminary Injunction 8 scheduled for 9/22/17, shall be CONTINUED to 10/20/17, at 10:00 AM in Courtroom 3 before JudgeKimberly J. Mueller. (Mena-Sanchez, L)

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4 STEPHEN L. DAVIS (CA State Bar No. 149817) LAW OFFICES OF STEPHEN L. DAVIS 8880 Cal Center Drive, Suite 180 Sacramento, California 95826 Telephone: (916) 362-9000 Fax: (916) 362-9066 E-mail: sdavis@davisandleonard.com 5 Attorneys for Plaintiffs 1 2 3 6 7 8 9 10 11 12 13 Gregory D. Phillips (USB No. 4645) Jason P. Eves (USB No. 9094) PHILLIPS, RYTHER & WINCHESTER 124 South 600 East Salt Lake City, UT 84102 Telephone: 801-935-4935 Facsimile: 801-935-4936 gdp@prwlawfirm.com; jpe@prwlawfirm.com Attorneys for Plaintiffs (subject to admission pro hac vice) 14 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 15 16 17 18 19 20 21 AUDI AG, a German corporation, BENTLEY MOTORS LIMITED, a United Kingdom company, and VOLKSWAGEN GROUP OF AMERICA, INC., a New Jersey corporation, Case No.: 17-cv-1660 STIPULATION TO EXTEND TIME AND CONTINUE HEARING DATE; ORDER [Fed.R.Civ.P. 65] 22 Plaintiffs, 23 24 vs. Honorable Kimberly J. Mueller United States District Judge 25 26 27 28 TCB IMPORTS, a business entity of unknown origin, and TODD C. BENSON, an individual doing business as TUNERBITS, 1 1 2 3 RACERBITS, TCB MOTORS, TCBIMPORTS, and TCBOVERSTOCK, 4 Defendants. 5 6 In accordance with Fed. R. Civ. P., Rule 83 and Eastern District of 7 8 9 10 California Local Rules, Rules 143, 144 and 230(f), the parties hereby request that the Court extend the time for Defendants TCB Imports and Todd C. Benson also doing business as Tunerbits, Racerbits, TCB Motors, TCBImports and 11 12 13 14 TCBOverstock to respond to the Complaint and Motion for Preliminary Injunction (“PI Motion”) filed by Plaintiffs Audi AG, Bentley Motors Limited and Volkswagen Group of America, Inc. (collectively, “Audi and Bentley”). The 15 16 17 18 parties also request that the Court continue the hearing date for Audi’s and Bentley’s Motion for Preliminary Injunction so that the parties can work towards a quick resolution of this case. Accordingly, the parties agree and hereby stipulate 19 20 21 22 that the defendants shall be allowed an additional twenty-eight (28) days to respond to Audi’s and Bentley’s Motion and Complaint, as follows: 1. Defendants shall have until October 2, 2017, to file an answer to the 23 24 25 26 Complaint; 2. Defendants shall have until October 6, 2017, to respond to or otherwise oppose Audi’s and Bentley’s Motion for Preliminary Injunction; 27 28 2 1 3. Audi and Bentley shall have until October 13, 2017, to file a reply to 2 any such opposition to Audi’s and Bentley’s Motion for Preliminary Injunction 3 4 5 filed by the defendants; and 4. The hearing on Audi’s and Bentley’s Motion for Preliminary Injunction 6 shall be continued to October 20, 2017, at 10:00 AM in Courtroom 3 before Judge 7 8 Kimberly J. Mueller. 9 10 11 12 13 14 DATED this 29th of August 2017. COUNSEL FOR PLAINTIFFS LAW OFFICES OF STEPHEN L. DAVIS /Stephen L. Davis/ Stephen L. Davis 15 16 17 August 29, 2017 COUNSEL FOR THE DEFENDANTS 18 19 20 21 _/John P. Costello/_______________ ____________________________ John P. Costello August 29, 2017 22 23 24 25 IT IS SO ORDERED that: 1. Defendants shall have until October 2, 2017, to file an answer to the Complaint; 26 2. Defendants shall have until October 6, 2017, to respond to or 27 otherwise oppose Audi’s and Bentley’s Motion for Preliminary 28 Injunction; 3 1 2 3 4 5 6 7 3. Audi and Bentley shall have until October 13, 2017, to file a reply to any such opposition to Audi’s and Bentley’s Motion for Preliminary Injunction filed by the defendants; and 4. The hearing on Audi’s and Bentley’s Motion for Preliminary Injunction scheduled for September 22, 2017, shall be continued to October 20, 2017, at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. 8 9 Dated: September 11, 2017. 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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