Patrafico AG et al v. Doss et al

Filing 24

ORDER GRANTING 23 Stipulation TO CONSENT TO REASSIGNMENT TO MAGISTRATE JUDGE SPERO. Signed by Judge Jeffrey S. White on 10/19/09. (jjo, COURT STAFF) (Filed on 10/19/2009)

Case3:09-cv-02773-JSW Document23

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Larry J. Johnson (SBN: 223645) [e-mail] ALSTON & BIRD LLP Two Palo Alto Square, 3000 El Camino Real, Suite 400 Palo Alto, California 94306-2112 Telephone: [phone]; Facsimile: [phone] Alan Behr (Pro Hac Vice Pending) [e-mail] ALSTON & BIRD LLP 90 Park Avenue New York, NY 10016-1387 USA Telephone: [phone]; Facsimile: [phone] Jonathan N. Gordon (SBN: 82202) [e-mail] Mitra M. Eskandari-Azari (SBN: 261978) [e-mail] ALSTON & BIRD LLP 333 S. Hope Street, 16th Floor Los Angeles, California 90071 Telephone: [phone]; Facsimile: [phone] Attorneys for Plaintiffs Patrafico AG and PEZ Candy, Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PATRAFICO AG, a Switzerland Case No.: 3:09-cv-02773 JL corporation and PEZ CANDY, INC., a New JOINT STIPULATION TO York corporation, CONSENT TO REASSIGNMENT TO MAGISTRATE JUDGE AND [PROPOSED] ORDER Plaintiffs, v. Honorable Jeffrey S. White Dept. 2 NANCY YARBROUGH DOSS, d/b/a BURLINGAME MUSEUM OF PEZ MEMORABILIA and COMPUTER SPECTRUM OF BURLINGAME, and GARY DOSS, d/b/a BURLINGAME MUSEUM OF PEZ MEMORABILIA and COMPUTER SPECTRUM OF BURLINGAME, Defendants.
JOINT STIPULATION TO CONSENT TO REASSIGNMENT TO MAGISTRATE JUDGE AND [PROPOSED] ORDER
LEGAL02/31577246v2

Case3:09-cv-02773-JSW Document23

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JOINT STIPULATION WHEREAS, on October 9, 2009 counsel for Plaintiffs and Defendants appeared before the Honorable Jeffrey S. White at the Initial Case Management Conference ("CMC") in the above-captioned action (the "Action"); WHEREAS, during the CMC Judge White ordered counsel to confer with their respective clients to determine whether or not they would consent to reassignment of the Action to a Magistrate Judge for all purposes; WHEREAS, Judge White further indicated that if the parties were to stipulate to a specific Magistrate Judge, the Court would honor that stipulation and the action would be reassigned for all purposes to the Magistrate Judge of their choice; WHEREAS, Judge White's Civil Minute Order of October 13, 2009 required the parties to confer with clients and submit a joint submission on reassignment to a Magistrate Judge for All Purposes by October 16, 2009; WHEREAS, counsel report that they conferred with their respective clients regarding reassignment to a Magistrate Judge and further report that all parties consent to the reassignment of this Action to Magistrate Judge Joseph C. Spero for all purposes. ACCORDINGLY, Plaintiffs and Defendants stipulate and consent as In accordance with the provisions of Title 28, U.S.C. Section 636(c), the undersigned Parties hereby jointly and voluntarily consent to have United States Magistrate Judge Joseph C. Spero conduct any and all further proceedings in the case,

1 JOINT STIPULATION TO CONSENT TO REASSIGNMENT TO MAGISTRATE JUDGE AND [PROPOSED] ORDER
LEGAL02/31577246v2

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including trial, and order the entry of a final judgment. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit. DATED: October 16, 2009 Mitra M. Eskandari-Azari ALSTON & BIRD LLP /s/ Mitra M. Eskandari-Azari Mitra M. Eskandari-Azari Attorneys for Plaintiffs Patrafico AG and PEZ Candy, Inc. DATED: October 16, 2009 Leslie Kramer FENWICK & WEST LLP /s/ Leslie Kramer Leslie Kramer Attorneys for Defendants NANCY YARBOROUGH DOSS, d/b/a BURLINGAME MUSEUM OF PEZ MEMORABILIA and COMPUTER SPECTRUM OF BURLINGAME; and GARY DOSS, d/b/a BURLINGAME MUSEUM OF PEZ MEMORABILIA and COMPUTER SPECTRUM OF BURLINGAME

2 JOINT STIPULATION TO CONSENT TO REASSIGNMENT TO MAGISTRATE JUDGE AND [PROPOSED] ORDER
LEGAL02/31577246v2

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IT IS SO ORDERED. Dated: ___O__ober_19,_2009 __ _ ct ___ __ ____

[PROPOSED] ORDER The foregoing joint stipulation is adopted by this Court and therefore the case is reassigned for any and all further proceedings, including trial, and order the entry of a final judgment, to United States Magistrate Judge Joseph C. Spero. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit.

______________________________ Honorable Jeffrey S. White

3 JOINT STIPULATION TO CONSENT TO REASSIGNMENT TO MAGISTRATE JUDGE AND [PROPOSED] ORDER
LEGAL02/31577246v2