Grocery Outlet Inc. v. Albertson's, Inc. et al

Filing 408

STIPULATION AND ORDER TO CONTINUE HEARING AND BRIEFING DEADLINES ON 388 MOTION for Attorney Fees American Stores Company, LLC, New Albertsons, Inc., and Albertsons LLCs Notice of Motion and Motion for Award of Attorneys Fees Pursuant to 15 U.S.C . § 1117(a); MOTION for Attorney Fees American Stores Company, LLC, New Albertsons, Inc., and Albertsons LLCs Notice of Motion and Motion for Award of Attorneys Fees Pursuant to 15 U.S.C. § 1117(a); 391 First MOTION for Attorney Fees. Replies due by 3/13/2009. Motion Hearing previously set for 3/13/9 at 9:30 AM has been continued to 4/3/2009 at 09:30 AM in Courtroom B, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 02/23/09. (klh, COURT STAFF) (Filed on 2/23/2009)

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Robert A. Weikert, State Bar No. 121146 [e-mail] John A. Chatowski, State Bar No. 174471 [e-mail] NIXON PEABODY LLP One Embarcadero Center, Suite 1800 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants AMERICAN STORES COMPANY, LLC, NEW ALBERTSONS, INC., and ALBERTSON'S LLC and Counterclaimants AMERICAN STORES COMPANY, LLC and NEW ALBERTSONS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) GROCERY OUTLET INC., Plaintiff, vs. AMERICAN STORES COMPANY, LLC, NEW ALBERTSONS, INC., ALBERTSONS, LLC, and SAVE MART SUPERMARKETS, Defendants. AMERICAN STORES COMPANY, LLC, NEW ALBERTSONS, INC., and ALBERTSONS, LLC Counterclaimants. vs. GROCERY OUTLET INC., Counterdefendant. Case No.: C06-02173 JSW (JCS) STIPULATION TO CONTINUE HEARING ON MOTION FOR AWARD OF ATTORNEYS' FEES AND BRIEFING DEADLINES AND [PROPOSED] ORDER _ Hearing Date: Time: Courtroom: Judge: March 13, 2009 9:30 a.m. A Hon. Joseph C. Spero

STIPULATION TO CONTINUE HEARING ON MOTION FOR AWARD OF ATTORNEYS' FEES AND BRIEFING DEADLINES AND [PROPOSED] ORDER

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STIPULATION IT IS HEREBY STIPULATED AND AGREED AND RESPECTFULLY REQUESTED, by and between Plaintiff and Counter-Defendant Grocery Outlet Inc. and Defendants and CounterClaimants American Stores Company, LLC, New Albertson's, Inc., Albertson's LLC and Save Mart Supermarkets as follows: 1) On December 30, 2008, American Stores Company, LLC, New Albertson's, Inc.,

and Albertson's LLC filed their Motion for Award of Attorneys' Fees. 2) On December 31, 2008, Save Mart Supermarkets filed its Motion for Award of

Attorneys Fees. 3) On January 5, 2009, the Honorable Judge Jeffrey S. White referred both fees

motions to the Honorable Magistrate Judge Joseph C. Spero. 4) On January 7, 2009, Judge Spero issued a scheduling order setting the hearing on

the two fees motions for March 13, 2009, with Grocery Outlet's opposition papers due by no later than February 6, 2009, and American Stores Company, LLC, New Albertson's, Inc., Albertson's LLC and Save Mart Supermarkets' reply papers due by no later than February 20, 2009. 5) The parties have reached a tentative settlement of the entire action. Counsel are in

the process of memorializing its terms. 6) In light of the tentative settlement, the parties hereby stipulate to continue the

hearing on the two fees motions from March 13, 2009 to April 3, 2009. The parties also hereby stipulate to continue the deadline for American Stores Company, LLC, New Albertson's, Inc., Albertson's LLC and Save Mart Supermarkets to file their reply briefs from February 20, 2009 to March 13, 2009. Respectfully submitted, Dated: February 18, 2009 CRAIGIE, McCARTHY & CLOW

_______________/s/ Peter W. Craigie___________ Peter W. Craigie Attorneys for Plaintiff and Counter-Defendant GROCERY OUTLET, INC. -1STIPULATION TO CONTINUE HEARING ON MOTION FOR AWARD OF ATTORNEYS' FEES AND BRIEFING DEADLINES AND [PROPOSED] ORDER

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Dated: February 18, 2009

LAW OFFICES OF PERRY IRVINE

______________/s/ Perry Irvine __________ Perry Irvine Attorneys for Defendant SAVE MART SUPERMARKETS Dated: February 18, 2009 NIXON PEABODY LLP ______________/s/ John A. Chatowski __________ John A. Chatowski Attorneys for Defendants AMERICAN STORES COMPANY, LLC, NEW ALBERTSONS, INC., and ALBERTSON'S LLC and Counterclaimants AMERICAN STORES COMPANY, LLC and NEW ALBERTSONS, INC. GENERAL ORDER 45 CERTIFICATION I, John A. Chatowski, hereby attest pursuant to N.D. Cal. General Order No. 45 that the concurrence to the filing of this document has been obtained from each signatory hereto. Dated: February 18, 2009 NIXON PEABODY LLP ______________/s/ John A. Chatowski __________ John A. Chatowski Attorneys for Defendants AMERICAN STORES COMPANY, LLC, NEW ALBERTSONS, INC., and ALBERTSON'S LLC and Counterclaimants AMERICAN STORES COMPANY, LLC and NEW ALBERTSONS, INC.

-2STIPULATION TO CONTINUE HEARING ON MOTION FOR AWARD OF ATTORNEYS' FEES AND BRIEFING DEADLINES AND [PROPOSED] ORDER

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ORDER For good cause appearing, IT IS HEREBY ORDERED that: 1) The hearing on American Stores Company, LLC, New Albertson's, Inc.,

Albertson's LLC and Save Mart Supermarkets' motions for attorneys' fees is continued to April 3, 2009 ____________________; and 2) American Stores Company, LLC, New Albertson's, Inc., Albertson's LLC and

Save Mart Supermarkets' deadline to file their reply briefs in support of their motions for March 13, 2009 attorneys' fees is continued to ____________________.
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-3STIPULATION TO CONTINUE HEARING ON MOTION FOR AWARD OF ATTORNEYS' FEES AND BRIEFING DEADLINES AND [PROPOSED] ORDER

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Feb. 23 Dated: _______________, 2009

____________________________________ Joseph C. Spero pero UNITED STATES sMAGISTRATE JUDGE eph C. S
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IT IS SO ORDERED.

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