Orion Wine Imports, LLC et al v. Appelsmith

Filing 26

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/13/2018 ORDERING that the Amici shall be permitted to participate as amici in connection with pleadings challenges in this action, including by filing a brief in advance of the next hearing scheduled in this action.(Washington, S)

1
2
3
4
5
6

MORGAN, LEWIS & BOCKIUS LLP
Brian C. Rocca, Bar No. 221576
[e-mail]
Robert A. Brundage, Bar No. 159890
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Tel: [phone]
Fax: [phone]
Attorneys for Amicus Curiae
California Beer and Beverage Distributors

7
8
9
10

HOLLAND & KNIGHT LLP
Michael B. Newman, Bar No. 127774
[e-mail]
50 California Street, Suite 2800
San Francisco, CA 94111-4799
Tel: [phone]
Fax: [phone]

11
12

Attorneys for Amicus Curiae
Wine and Spirits Wholesalers of California

13
14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16
17

Orion Wine Imports, LLC and Peter Creighton,

18
19
20
21
22
23

Plaintiffs,
vs.
Jacob Appelsmith, in his Capacity as Director
of the California Department of Alcoholic
Beverage Control,

Case No. 2:18-cv-01721-KJM-DB
STIPULATION AND ORDER
PERMITTING CALIFORNIA BEER
AND BEVERAGE DISTRIBUTORS
AND WINE AND SPIRITS
WHOLESALERS OF CALIFORNIA
TO PARTICIPATE AS AMICI IN
CONNECTION WITH PLEADINGS
CHALLENGES

Defendant.
Date:
Time:
Place:

24
25

Judge:

September 19, 2018
10:00 a.m.
Courtroom 3, Federal Court
Building, 501 I Street,
Sacramento CA
Hon. Kimberly J. Mueller

26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIP AND ORDER PERMITTING CBBD AND WSWC
TO PARTICIPATE AS AMICI IN CONNECTION WITH
PLEADINGS CHALLENGES
NO. 2:18-CV-01721-KJM-DB

1

California Beer and Beverage Distributors (“CBBD”) and Wine and Spirits Wholesalers

2

of California (“WSWC”) (together, “the Amici”), Plaintiffs Orion Wine Imports, LLC and Peter

3

Creighton (“Plaintiffs”), and Defendant Director Jacob Appelsmith (“Defendant”), by and

4

through their counsel, submit the following stipulation and proposed order.

5

BRIEF JOINT STATEMENT
The Amici are separate non-profit trade associations representing the interests of alcohol

6
7

wholesalers located throughout California. On August 31, 2018, counsel for the Amici contacted

8

counsel for the Plaintiffs and Defendant to advise them that the Amici intended to seek approval

9

from the Court to participate as amici in connection with pleadings challenges and requested a

10

stipulation permitting such participation. Counsel for Plaintiffs and Defendant both consented to

11

the Amici’s request.

12

STIPULATION AND REQUEST FOR RELIEF

13

THEREFORE, Plaintiffs, Defendant and the Amici, by and through their respective

14

counsel, hereby stipulate, subject to Court approval, that the Amici shall be permitted to

15

participate as amici in connection with pleadings challenges in this action, including by filing a

16

brief in advance of the next hearing scheduled in this action.

17

Dated:

September 10, 2018

Respectfully submitted,
MORGAN, LEWIS & BOCKIUS LLP1

18
19

/s/ Brian C. Rocca
Brian C. Rocca

By
20
21

Attorneys for Amicus Curiae
California Beer and Beverage Distributors

22
23
24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1

Brian C. Rocca, the filer of this document, hereby attests that he obtained the authorization of
all other signatories prior to the document’s filing.
1

STIP AND ORDER PERMITTING CBBD AND WSWC
TO PARTICIPATE AS AMICI IN CONNECTION WITH
PLEADINGS CHALLENGES
NO. 2:18-CV-01721-KJM-DB

1

HOLLAND & KNIGHT LLP

2

/s/ Michael B. Newman (authorized 9/7/18)
Michael B. Newman

By
3
4

Attorneys for Amicus Curiae
Wine and Spirits Wholesalers of California

5
6
7

EPSTEIN COHEN SEIF & PORTER LLP

8
/s/ James A. Tanford (authorized 9/8/18)
James A. Tanford

By

9
10

Attorneys for Plaintiffs
Orion Wine Imports, LLC and Peter E.
Creighton

11
12
13

OFFICE OF THE ATTORNEY GENERAL

14
15

/s/ Lykisha D. Beasley (authorized 9/10/18)
Lykisha D. Beasley

By

16

Attorneys for Defendant
Jacob Appelsmith, in his official capacity as
Director of the California Department of
Alcoholic Beverage Control

17
18
19
20
21

PURSUANT TO STIPULATION, IT IS SO ORDERED.

22
23

Dated: September 13, 2018.

24
UNITED STATES DISTRICT JUDGE

25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2

STIP AND ORDER PERMITTING CBBD AND WSWC
TO PARTICIPATE AS AMICI IN CONNECTION WITH
PLEADINGS CHALLENGES
NO. 2:18-CV-01721-KJM-DB