Orion Wine Imports, LLC et al v. Appelsmith

Filing 39

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/17/2018 ORDERING the 33 Motion to Dismiss hearing is CONTINUED to 2/8/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Washington, S)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
ANDREA R. AUSTIN, State Bar No. 173630
Supervising Deputy Attorney General
LYKISHA D. BEASLEY, State Bar No. 282907
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Jacob Appelsmith, Director of the
California Department of
Alcoholic Beverage Control

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DIS TRICT OF CALIFORNIA
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ORION WINE IMPORTS, LLC and
PETER E. CREIGHTON,

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2:18-cv-01721-KJM-DB

JOINT STIPULATION TO CONTINUE
Plaintiffs, STATUS CONFERENCE AND
HEARING ON DEFENDANT’S MOTION
TO DISMISS; ORDER

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v.
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JACOB APPLESMITH, in his official
capacity as Director of the California
Department of Alcoholic Beverage Control,

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MSC Date:
Trial Date:
Courtroom:
Judge:

TBD
TBD
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The Honorable Kimberly J.
Mueller

Defendants.
Action Filed: June 14, 2018

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TO THE HONORABLE KIMBERLY J . MUELLER, UNITED STATES DISTRICT
COURT JUDGE:
On December 5, 2018, the Court issued a Minute Order vacating and advancing the date of

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the status conference and hearing on Defendant J acob Appelsmith’s motion to dismiss from

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December 21, 2018 to December 20, 2018. (EC F No. 37) Defendant’s counsel previously

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arranged to take the deposition of the plaintiff in a Sacramento Superior Court case (Keioni Grant

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v. Angelo Arata and the State of California) on December 20, 2018, but tried to re-schedule it in
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Joint Stipulation to Continue Status Conference and Motion Hearing (2:18-cv-01721-KJM-DB)

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order to accommodate this Court’s calendar. However, Defendant’s counsel was unable to do so

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due to there being more than two parties to the litigation.

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Upon realizing that the conflict could not be resolved, Defendant’s counsel contacted Judge

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Mueller’s courtroom clerk and Plaintiffs’ counsel, Mr. James A. Tanford, in order to explain the

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scheduling conflict. Judge Mueller’s clerk instructed counsel for Defendant to meet and confer

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with Plaintiffs’ counsel regarding the issue and, upon resolution, file a joint stipulation identifying

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a new hearing date for the status conference and motion to dismiss.

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Counsel for Plaintiffs and Defendant (“the Parties”) successfully conferred on the
scheduling conflict and jointly request that the Court accept the following stipulation.

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WHEREAS, the Parties agree that the continuance of the date of the status conference and

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hearing on Defendant Jacob Appelsmith’s motion to dismiss from December 20, 2018 to

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February 8, 2019 is for good cause and is in the interest of justice;

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IT IS HEREBY STIPULATED:

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Plaintiffs and Defendant, by and through their respective attorneys of record, have agreed to

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continue of the date of the status conference and hearing on Defendant Jacob Appelsmith’s

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motion to dismiss from December 20, 2018 to February 8, 2019.

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Dated: December 14, 2018

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Epstein Cohen Seif & Porter
By /s/ James A. Tanford
James A. Tanford, Esq.
Attorneys for Plaintiffs
Orion Wine Imports and Peter Creighton

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Dated: December 14, 2018

Office of the Attorney General
By /s/ Lykisha D. Beasley
Lykisha D. Beasley, Deputy Attorney General
Attorneys for Defendant
Jacob Appelsmith, Director of the
California Department of
Alcoholic Beverage Control

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///
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Joint Stipulation to Continue Status Conference and Motion Hearing (2:18-cv-01721-KJM-DB)

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ORDER

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The Court having reviewed the foregoing Joint Stipulation and good cause appearing

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therefore:
IT IS HEREBY ORDERED that the status conference and hearing on Defendant Jacob

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Appelsmith’s motion to dismiss are continued from December 20, 2018 to February 8, 2019.

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IT IS SO ORDERED.

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DATED: December 17, 2018.

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UNITED STATES DISTRICT JUDGE

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SA2018101846
13367502.docx

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Joint Stipulation to Continue Status Conference and Motion Hearing (2:18-cv-01721-KJM-DB)

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Joint Stipulation to Continue Status Conference and Motion Hearing (2:18-cv-01721-KJM-DB)

CERTIFICATE OF SERVICE
Case Name:

Orion Wine Imports, LLC, and
Peter E. Creighton v. Jacob
Applesmith

No.

2:18-cv-01721-KJM-DB

I hereby certify that on December 14, 2018, I electronically filed the following documents with
the Clerk of the Court by using the CM/ECF system:
JOINT STATUS TO CONTINUE STATUS CONFERENCE AND HEARING ON
DEFENDANT’S MOTION TO DISMISS; [PROPOSED] ORDER
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on December 14, 2018, at Sacramento,
California.

Sylvia Sandoval
Declarant
SA2018101846
13368379.docx

/s/ Sylvia Sandoval
Signature