Dreyer's Grand Ice Cream, Inc. v. Ice Cream Distributors of Evansville, LLC et al

Filing 110

ORDER GRANTING 109 Stipulation filed by Dreyer's Grand Ice Cream, Inc.. Signed by Judge Beeler on 5/3/11. (lblc2, COURT STAFF) (Filed on 5/3/2011)

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KILPATRICK TOWNSEND & STOCKTON LLP
JAMES G. GILLILAND, JR. (State Bar No. 107988)
ROBERT D. TADLOCK (State Bar No. 238479)
Two Embarcadero Center Eighth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
IRIS SOCKEL MITRAKOS (State Bar No. 190162)
ELHAM F. STEINER (State Bar No. 250312)
12730 High Bluff Drive, Suite 400
San Diego, California 92130
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
DREYER’S GRAND ICE CREAM, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DREYER’S GRAND ICE CREAM, INC. a
Delaware corporation,
Plaintiff,
v.
ICE CREAM DISTRIBUTORS OF
EVANSVILLE, LLC, a Kentucky limited
liability company, and SPIN CITY
HOLDINGS, LLC an Indiana limited liability
company,

Case No. 10-00317 EMC (LB)
JOINT STIPULATION REQUESTING
THE COURT TO VACATE THE JUNE 8,
2011 SETTLEMENT CONFERENCE
AND [PROPOSED] ORDER
Date: June 8, 2011
Time: 10:00 am
Mag. Judge: Honorable Laurel Beeler

Defendants.

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Pursuant to ADR 7-4 and Civil L.R. 7-12, Dreyer’s Grand Ice Cream, Inc. (“Dreyer’s”)

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and Ice Cream Distributors of Evansville, LLC and Spin City Holdings (collectively

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“Defendants”) hereby stipulate and request an Order vacating the Settlement Conference

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scheduled for June 8, 2011 due to the Court’s April 20, 2011 Order on the parties’ cross-motions
STIPULATION AND [PROPOSED] ORDER REQUESTING VACATING OF SETTLEMENT CONFERENCE
CASE NO. 10-00317 EMC (LB)

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for summary judgment.
STIPULATION

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WHEREAS the Court has scheduled a settlement conference in the above-entitled action

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for June 8, 2011 at 10:00 a.m. (Dkt. No. 105);
WHEREAS the parties filed cross-motions for summary judgment that the Court heard on

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March 23, 2011;
WHEREAS the Court granted Dreyer’s motion for summary judgment on April 20, 2011

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and instructed Dreyer’s counsel to contact the Court to vacate the settlement conference (Dkt. No.

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108);

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WHEREAS the parties have previously stipulated to reschedule the settlement conference
(Dkt. Nos. 37, 47, 53, 71, 104);
IT IS HEREBY STIPULATED AND AGREED by and among the parties and their
counsel that the Settlement Conference currently scheduled for June 8, 2011 shall be vacated.

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DATED: April 29, 2011

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/ Robert D. Tadlock
Robert D. Tadlock
Attorneys for Plaintiff
DREYER'S GRAND ICE CREAM, INC.

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DATED: April 29, 2011

BRACAMONTES & VLASAK

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By: /s/ Michael R. Bracamontes
Michael R. Bracamontes
Attorneys for Defendant
ICE CREAM DISTRIBUTORS OF EVANSVILLE,
LLC and SPIN CITY HOLDINGS, LLC

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STIPULATION AND [PROPOSED] ORDER REQUESTING VACATING OF SETTLEMENT CONFERENCE
CASE NO. 10-00317 EMC (LB)

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ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS ORDERED that the

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Settlement Conference scheduled for June 8, 2011 at 10:00 am is vacated.

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DATED:

May 3, 2011

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___________________________________________
Honorable Laurel Beeler ERED
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United StatesSMagistrate Judge
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STIPULATION AND [PROPOSED] ORDER REQUESTING VACATING OF SETTLEMENT CONFERENCE
CASE NO. 10-00317 EMC (LB)

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