Mixt Greens v. Sprout Cafe

Filing 96

STIPULATION AND ORDER TO AMEND CMC ORDER re 95 Stipulation filed by Mixt Greens. Signed by Judge Edward M. Chen on 7/21/10. (bpf, COURT STAFF) (Filed on 7/21/2010)

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JEFFREY H. LOWENTHAL (SBN 111763) EDWARD EGAN SMITH (SBN 169792) HENRY A. CIRILLO (SBN 131527) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP One California Street, Third Floor San Francisco, CA 94111 T: 415.421.3400 F: 415.421.2234 Attorneys for Plaintiff MIXT GREENS E-mail: [e-mail]

8 IAN FRASER-THOMSON (SBN 73526) STEPHEN L. DAHM (SBN 114745 ) 9 MARGARET M. LESNIAK (ON 219542) CESARI, WERNER and MORIARTY 10 360 Post Street, Fifth Floor San Francisco CA 94108 11 T: 415.391.1113 F: 415.391.4626 12 5313-5-10-14 Attorneys for Defendant SPROUT CAFE 13 E-mail: [e-mail] sdahm(acwmlaw.com 14 [e-mail] 15 16 17 18 19 20 MIXT GREENS, a California Corporation, 21 22 23 24 25 26 Defendant. ···n···L v. SPROUT CAFÉ, an entity of unknown origin, Plaintiff, CASE NO. C 08-05175-EMC STIPULATION AND [PROPOSED] ORDER TO AMEND FIRST AMENDED CASE MANAGEMENT ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

WHEREAS, this Court entered the First Amended Case Management And Pretrial Order For

27 Jury Trial on August 5, 2009 (Document No. 32) (the "Case Management Order"); 28 -1 Stipulation And [Proposed] Order To Amend First Amended Case Management Order

WHEREAS, the parties have requested that the Court permit them time to participate in 2 good faith settlement discussions before a neutral Magistrate Judge of this District; WHEREAS, the Court granted that request, and appointed Magistrate Judge Donna M. Ryu 3 to conduct and supervise the settlement discussions of the parties; 4 WHEREAS, on July 14, 2010, the Court granted plaintiff's Motion For Leave To File First 5 Amended Complaint; 6 WHEREAS, defendant Sprout Café has requested additional time to respond to the amended 7 complaint and prepare'appropriate dispositive motions to be heard by the Court; 8 WHEREAS, the parties require additional time to conduct appropriate discovery in this 9 action; 10 THEREFORE, the parties hereby stipulate and respectfully request that the Court amend the 11 Case Management Order as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation And [Proposed] Order To Amend First Amended Case Management Order

1. TRIAL: a. Jury trial is reset from 10/18/2010 to 1/24/2011 at 8:30 AM in Courtroom 1), 15's Floor, 450 Golden Gate, San Francisco, California. 2. DISCOVERY a. All non-expert discovery shall be completed by 9/17/2010; b. Experts shall he disclosed and reports provided by plaintiff and defendant by 9/27/2010; c. Rebuttal experts shall be disclosed and reports provided by 10/11/2010; d. All discovery from experts shall be completed by 10/25/2010. 3. MOTIONS a, The last day for hearing dispositive motions shall be 11/10/2010. 4. PRETRIAL CONFERENCE a. A pretrial conference shall be held on 1/12/2011 at 3:00 p.m. in Courtroom C, 1511' Floor, 450 Golden Gate, San Francisco, California; b. On 11/22/10, lead counsel shall meet and confer regarding the topics set forth in the Case Management Order at ¶5(b); c. On 12/3/2010, counsel and/or the parties shall serve and file a joint pretrial

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conference statement that includes the pretrial disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well as the other disclosures and topics set forth in the Case Management Order at ¶5(c); d. On 12/17/2010, after meeting and conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file the items set forth in the Case Management Order at ¶5(d). No replies shall be filed. e. All motions in limine and objections shall be heard at the pretiral conference. 5. All other provisions of the Case Management Order not specifically amended herein shall remain in MI force and effect. Dated: July 20, 2010 STEYER LOWENTHAL BOOKROOKAS ALVAREZ & SMITH LLP

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JEF H. LOWENTHAL ED ARD EGAN SMITH HENRY A. CIRILLO Attorneys for Plaintiff MIXT GREENS Dated: July 20, 2010 CESARI, WERNER and MORIARTY

BY:

AliMterAiad SON t r R-THOM
· PHEN L. DAHM MARGARET M. LESNIAK Attorneys for Defendant SPROUT CAFE

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ORDER

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IT IS SO ORDERED on this

21st

day of July, 2010

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Stipulation And [Proposed] Order To Amend First Amended Case Management Order

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RDER MAGISTRATE JUDGE EDWARD M. CHEN IS SO O TED STATE DISTRICT COURT I UNIT

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CERTIFICATE OF SERVICE I hereby certify that on July 20, 2010, I caused a true and correct copy of STIPULATION AND [PROPOSED] ORDER TO AMEND FIRST AMENDED CASE MANAGEMENT ORDER to be served via the Court's ECF system on all counsel registered for ECF in this case.

/s/ Linda Rorem Linda Rorem

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