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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STEPHEN L. DAVIS (CA State Bar No. 149817)
LAW OFFICES OF STEPHEN L. DAVIS
8880 Cal Center Drive, Suite 180
Sacramento, California 95826
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs

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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: [phone]
Facsimile: 801-935-4936
[e-mail]; [e-mail]
Attorneys for Plaintiffs
(subject to admission pro hac vice)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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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]

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Plaintiffs,

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vs.

Honorable Kimberly J. Mueller
United States District Judge

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TCB IMPORTS, a business entity of
unknown origin, and TODD C.
BENSON, an individual doing
business as TUNERBITS,
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RACERBITS, TCB MOTORS,
TCBIMPORTS, and
TCBOVERSTOCK,

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Defendants.

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In accordance with Fed. R. Civ. P., Rule 83 and Eastern District of

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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

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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

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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

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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

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Complaint;
2. Defendants shall have until October 6, 2017, to respond to or otherwise
oppose Audi’s and Bentley’s Motion for Preliminary Injunction;

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3. Audi and Bentley shall have until October 13, 2017, to file a reply to

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any such opposition to Audi’s and Bentley’s Motion for Preliminary Injunction
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filed by the defendants; and
4. The hearing on Audi’s and Bentley’s Motion for Preliminary Injunction

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shall be continued to October 20, 2017, at 10:00 AM in Courtroom 3 before Judge
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Kimberly J. Mueller.

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DATED this 29th of August 2017.
COUNSEL FOR PLAINTIFFS
LAW OFFICES OF STEPHEN L. DAVIS
/Stephen L. Davis/
Stephen L. Davis

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August 29, 2017
COUNSEL FOR THE DEFENDANTS

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_/John P. Costello/_______________
____________________________
John P. Costello
August 29, 2017

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IT IS SO ORDERED that:
1. Defendants shall have until October 2, 2017, to file an answer to the
Complaint;

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2. Defendants shall have until October 6, 2017, to respond to or

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otherwise oppose Audi’s and Bentley’s Motion for Preliminary

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Injunction;
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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.

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Dated: September 11, 2017.

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UNITED STATES DISTRICT JUDGE

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