Volkswagen AG et al v. Verdier Microbus and Camper , Inc. et al

Filing 59

ORDER GRANTING 58 MOTION to Continue Case Management Conference. Signed by Judge Jeffrey S. White on 5/12/09. (jjo, COURT STAFF) (Filed on 5/12/2009)

Case 3:09-cv-00231-JSW

Document 58

Filed 05/12/2009

Page 1 of 4

11 2 32 4 53 6 74 8 95 10 11 6 12 13 7 14 15 8 16 17 9 18 1910 20 2111 22 2312 24 13 25 2614 2715
16 17 18 19 20 21 22 23 24 25 26 27

SHEPPARD MULLIN RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations NEIL A. SMITH, Cal. Bar No. 63777 NATHANIEL BRUNO, Cal. Bar No. 228118 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 Telephone: [phone] Facsimile: 415-434-3947 Of Counsel (Admitted Pro Hac Vice): HOWARD, PHILLIPS & ANDERSEN GREGORY D. PHILLIPS, Utah Bar No. 4645 THOMAS R. LEE, Utah Bar No. 5991 560 East 200 South, Suite 300 Salt Lake City, UT 84102 Telephone: [phone] Facsimile: 801-366-7706 Electronic mail: [e-mail] [e-mail]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VOLKSWAGEN AG, a German corporation, and VOLKSWAGEN GROUP OF AMERICA, INC., a New Jersey corporation, Plaintiff, v. VERDIER MICROBUS & CAMPER, INC., an entity of unknown origin, and ALEXANDRE VERDIER, an Individual, Defendants. Civil Action No. C-09-0231-JSW ADMINISTRATIVE MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES, AND [PROPOSED] ORDER THEREON [Civil L.R. 7-11, 16-2(d)] [For Immediate Attention: Requesting Continuance of May 15, 2009 CMC] Courtroom: 2, 17th Floor Honorable Jeffrey S. White

28 W02-WEST:6NB1\401529816.3 Civil Action No. C-09-0231-JSW

1

ADMINISTRATIVE MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES, AND [PROPOSED] ORDER THEREON

Case 3:09-cv-00231-JSW

Document 58

Filed 05/12/2009

Page 2 of 4

1 2 3 4 5 6 7

ADMINISTRATIVE MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Pursuant to Civil Local Rules 7-11 and 16-2(d), Plaintiffs Volkswagen AG and Volkswagen Group of America, Inc. ("Plaintiffs") move to extend the date of the Initial Case Management Conference and related deadlines. Counsel for the parties have agreed upon the final form of a settlement agreement and a separate stipulated final judgment of permanent injunction, which Plaintiffs are

8 9 10 11 12 13

informed have been approved by Defendants' principal. Plaintiffs are simply waiting to receive executed versions of these documents so that the stipulated final judgment can be filed with the Court. Plaintiffs expect to receive executed versions imminently and have confirmed with Defendants' counsel that the signatures will be forthcoming. However, Plaintiffs were informed today by Defendants' counsel that Defendants' principal is away and is unable to execute the

14 15 16 17 18 19 20

documents until likely May 14, 2009. Out of an abundance of caution, Plaintiffs now wish to save the Court and parties any complication or waste of resources that may result if the Initial Case Management Conference is not continued to allow sufficient time for the execution and filing of the stipulated final judgment. The Initial Case Management Conference is currently scheduled for this Friday, May 15, 2009 at 1:30 p.m. Due to the settlement discussions that have proven successful, no

21 22 23 24 25 26 27 28 W02-WEST:6NB1\401529816.3 Civil Action No. C-09-0231-JSW
ADMINISTRATIVE MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES, AND [PROPOSED] ORDER THEREON

Joint Case Management Conference Statement has been filed, and Defendants have not yet answered nor has counsel for Defendants officially appeared in the case. In light of the approved settlement between the parties that must simply be formalized with final signatures, and in the interests of efficiency and conservation of resources for the Court and the parties, Plaintiffs respectfully request the Initial Case Management

-2-

Case 3:09-cv-00231-JSW

Document 58

Filed 05/12/2009

Page 3 of 4

1 2 3 4 5 6 7 8 9 10

Conference be continued to June 19, 2009 at 1:30 p.m., and that all other related deadlines calculated based on the Initial Case Management Conference date also be continued accordingly. Plaintiffs estimate this continuance will certainly provide sufficient time for the parties to fully execute their settlement documents and file the stipulated final judgment, ultimately avoiding the need to even hold an Initial Case Management Conference. Plaintiffs have filed this request as an administrative motion pursuant to Civil L.R. 7-11 instead of as a stipulation because Defendants have not answered in this action and counsel for Defendants has not yet officially appeared in this action (and it is expected Defendants' principal will simply execute the stipulated final judgment directly). However,

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W02-WEST:6NB1\401529816.3 Civil Action No. C-09-0231-JSW
ADMINISTRATIVE MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES, AND [PROPOSED] ORDER THEREON

Plaintiffs are informed that Defendants do not oppose this motion. Accordingly, Plaintiffs request that an order be entered on this administrative motion immediately, without the usual Civil L.R. 7-11(b) waiting period of three days for a potential response, due to the imminence of the Initial Case Management Conference currently scheduled for this Friday, May 15, 2009.

Dated: May 12, 2009 SHEPPARD MULLIN RICHTER & HAMPTON LLP /s/ Neil A. Smith_______________________ NEIL A. SMITH, Cal. Bar No. 63777 NATHANIEL BRUNO, Cal. Bar No. 228118 Of Counsel (Admitted Pro Hac Vice): HOWARD, PHILLIPS & ANDERSEN Gregory D. Phillips Utah Bar No. 4645 Thomas R. Lee Utah Bar No. 5991 (Attorneys for Plaintiffs)

-3-

Case 3:09-cv-00231-JSW

Document 58

Filed 05/12/2009

Page 4 of 4

1 2 3 4 5 6 7 8 9

PROPOSED ORDER

IT IS HEREBY ORDERED THAT the Initial Case Management Conference in this action is continued to June 19, 2009 at 1:30 p.m., and that all related deadlines calculated therefrom are also continued accordingly. IT IS SO ORDERED.

Dated:___________________ May 12, 2009
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W02-WEST:6NB1\401529816.3 Civil Action No. C-09-0231-JSW

____________________________ Jeffrey S. White United States District Court Judge

-4-

ADMINISTRATIVE MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES, AND [PROPOSED] ORDER THEREON