Nork et al v. Designed Cookies, Inc.

Filing 69

ORDER re 68 Stipulation, filed by Baker's Bouquet, Deborah Nork, Set/Reset Deadlines as to 68 Stipulation, 30 MOTION to Compel Arbitration. Motion Hearing set for 5/28/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 4//15/2010. (be, COURT STAFF) (Filed on 4/15/2010)

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Barry M. Golden Texas State Bar No. 24002149 Connor G. Sheehan Texas Bar No. 24046827 Admitted Pro Hac Vice GARDERE WYNNE SEWELL LLP 1601 Elm Street, Suite 3000 Dallas, Texas 75201-4761 Telephone: [phone] Facsimile: 214.999.4667 [e-mail] Attorneys for Defendant, DESIGNED COOKIES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DEBORAH NORK, LEE ROBERTS and BAKER'S BOUQUET, Plaintiffs, v. DESIGNED COOKIES, INC., Defendant.

CASE NO. C 09-5336 CRB STIPULATION AND [PROPOSED] ORDER REQUESTING RULING BY SUBMISSION AND, IN THE ALTERNATIVE, ORDER CONTINUING THE HEARING DATE ON DESIGNED COOKIES INC.'S MOTION TO COMPEL ARBITRATION Current Hearing Date: April 16, 2010 Time: 10:00 a.m. Courtroom No. 8 Proposed New Hearing Date: May 28, 2010 Time: 10:00 a.m. Courtroom No. 8 Honorable Charles R. Breyer

Pursuant to Civil Local Rule 7-7(b) of the United States District Court for the Northern District of California, Plaintiffs Deborah Nork and Baker's Bouquet ("Plaintiffs") and Defendant Designed Cookies, Inc. ("DCI"), by and through their respective counsel, hereby stipulate to the following: ///
STIPULATION TO RULE BY SUBMISSION Case No. C 09-5336 CRB

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case.

On January 15, 2010, Defendant DCI filed a Motion To Compel Arbitration In California Before The American Arbitration Association, And To Dismiss Or Stay The Action Pending Arbitration ("Motion To Compel Arbitration"). The Motion to Compel Arbitration was

originally set for hearing on February 19, 2010. Pursuant to subsequent Orders entered by the Court, DCI's Motion To Compel Arbitration is presently set to be heard on April 16, 2010. See D.E. No. 61. The parties are currently engaged in settlement discussions. In the interests of judicial economy, to preserve the parties' resources, and to continue to facilitate settlement discussions between the remaining two plaintiffs and defendant, the Parties respectfully request that the Court rule on DCI's Motion to Compel Arbitration by submission, rather than receive oral argument. Should the Court require oral argument on the Motion to Compel Arbitration, the Parties respectfully request that the hearing on DCI's Motion To Compel Arbitration should be continued to May 28, 2010 at 10:00 a.m. This is the third stipulation to modify the hearing date on DCI's Motion To Compel Arbitration. The requested extension on the hearing date will not affect the schedule for the

Dated: April 14, 2010

GARDERE WYNNE SEWELL LLP, CONNOR SHEEHAN, ESQ.

By:___/s/ Connor Sheehan_____________________ CONNOR G. SHEEHAN Attorneys for Defendant DESIGNED COOKIES, INC.

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Dated: April 14, 2010

ZARCO EINHORN SALKOWSKI & BRITO, P.A. ROBERT ZARCO, ESQ.

By:

/s/ Himanshu M. Patel HIMANSHU M. PATEL

Attorneys for Plaintiffs DEBORAH NORK, LEE ROBERTS AND BAKER'S BOUQUET

ATTESTATION CLAUSE I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

By:

/s/ Connor Sheehan Connor G. Sheehan

-3STIPULATION TO RULE BY SUBMISSION Case No. C 09-5336 CRB

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2010. 4. 1.

DECLARATION OF CONNOR SHEEHAN I, Connor Sheehan, declare as follows: I am an attorney at law admitted pro hac vice to practice before this Court and am

an associate of the law firm of Gardere Wynne Sewell LLP, counsel of record for Defendant Designed Cookies, Inc. ("DCI"). I make this declaration in support of the attached Stipulation and [Proposed] Order Granting the Parties Request to for Ruling by Submission and Alternatively, Continuing The Hearing Date On Designed Cookies Inc.'s Motion To Compel Arbitration In California before the American Arbitration Association And To Dismiss Or Stay The Action Pending Arbitration. I have personal knowledge of the matters set forth herein and could competently testify to them if called upon to do so. 2. On January 15, 2010, DCI filed a Motion To Compel Arbitration In California

Before The American Arbitration Association, And To Dismiss Or Stay The Action Pending Arbitration ("Motion To Compel Arbitration"). 3. DCI's Motion To Compel Arbitration is presently set to be heard on April 16,

The parties are currently engaged in settlement discussions.

The parties

respectfully request that in the interests of judicial economy, to preserve the parties' resources, and to facilitate settlement discussions, the hearing on DCI's Motion To Compel Arbitration be ruled on by submission or, alternatively, continued to May 28, 2010. 5. This is the third stipulation to modify the hearing date on DCI's Motion To Compel

Arbitration. This Court previously extended the deadline for DCI to respond to the complaint, previously extended the hearing date on DCI's Motion To Compel Arbitration, and previously extended the ADR and case management deadlines in this case, including the date of the initial case management conference.

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6.

The requested extension on the hearing date on the Motion to Compel Arbitration

will not affect the schedule for the case. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of April 2010 in Dallas, Texas.

By:

/s/ Connor Sheehan Connor G. Sheehan

-5STIPULATION TO RULE BY SUBMISSION Case No. C 09-5336 CRB

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[PROPOSED] ORDER GRANTING REQUEST FOR RULING BY SUBMISSION Pursuant to the parties' stipulation and good cause appearing, it is hereby ordered that Designed Cookies Inc.'s Motion To Compel Arbitration In California Before The American Arbitration Association And To Dismiss Or Stay The Action Pending Arbitration shall be ruled on by submission. IT IS SO ORDERED.

Dated: _____________

_______________________________________________ HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT COURT JUDGE

-6STIPULATION TO RULE BY SUBMISSION Case No. C 09-5336 CRB

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[PROPOSED] ORDER CONTINUING HEARING Pursuant to the parties' stipulation and Local Rule 7-7(b) and good cause appearing, it is hereby ordered that the hearing on Designed Cookies Inc.'s Motion To Compel Arbitration In California Before The American Arbitration Association And To Dismiss Or Stay The Action Pending Arbitration shall be continued to May 28, 2010 at 10:00 a.m. in Courtroom 8. IT IS SO ORDERED.

UNIT ED

Dated: ______________ April 15, 2010

_______________________________________________ HONORABLE CHARLES R. BREYER D UNITED STATES O ORDERCOURT JUDGE DISTRICT E
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