Levi Strauss & Co. v. Elgin Clothing, Inc.

Filing 22

STIPULATION AND ORDER CONTINUING HEARING DATE ON MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE TO DECEMBER 9, 2010. Signed by Judge Alsup on October 25, 2010. (whalc1, COURT STAFF) (Filed on 10/25/2010)

Levi Strauss & Co. v. Elgin Clothing, Inc.

Doc. 22

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TOWNSEND AND TOWNSEND AND CREW LLP GREGORY S. GILCHRIST (Bar # 111536) GIA L. CINCONE (Bar # 141668) Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail], [e-mail] Attorneys for Plaintiff LEVI STRAUSS & CO.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

LEVI STRAUSS & CO., Plaintiff, v. ELGIN CLOTHING INC., Defendant.

Case No. CV 10-03529-WHA STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANT ELGIN CLOTHING INC.'S MOTION TO DISMISS OR TRANSFER AND INITIAL CASE MANAGEMENT CONFERENCE CMC Date: Nov. 18, 2010 CMC Time: 11:00 a.m.

Plaintiff Levi Strauss & Co. ("LS&Co.") filed this action on August 11, 2010. By order dated September 22, 2010, this Court scheduled the Initial Case Management Conference for November 18, 2010, at 11:00 a.m. On October 4, 2010, defendant Elgin Clothing Inc. ("Elgin") filed a Motion to Dismiss for Improper Venue, or in the Alternative, Motion to Transfer Venue. Elgin set the motion for hearing on November 18, 2010, at 8:00 a.m. The motion was accompanied by an affidavit from Rasheed Khan, the "authorized agent" for Elgin. Elgin's motion asserts, based on Mr. Khan's affidavit, that venue is not proper in this Court.

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND CMC DATES

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Levi Strauss & Co. v. Elgin Clothing Inc. Case No. CV 10-03529-WHA Dockets.Justia.com

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In order to allow LS&Co. to respond appropriately to Elgin's motion, the parties have agreed that LS&Co. will take discovery, including the depositions of Mr. Khan and of Elgin pursuant to Fed. R. Civ. P. 30(b)(6). Those depositions have been tentatively scheduled for November 8, 2010. Accordingly, in order to allow time for the necessary discovery and for the parties to complete briefing on Elgin's motion, the parties hereby stipulate and agree that the hearing on Elgin's motion to dismiss or transfer shall be continued to December 9, 2010, at 8:00 a.m. In addition, in order to conserve resources since Elgin's primary counsel is located in Illinois, the parties further stipulate and agree that the initial Case Management Conference in this matter shall be continued to the same date, December 9, 2010, at 11:00 a.m.

DATED: October 22, 2010

TOWNSEND AND TOWNSEND AND CREW LLP By: _____/s/ Gia L. Cincone________________ Gia L. Cincone Attorneys for Plaintiff LEVI STRAUSS & CO.

DATED: October 22, 2010

THE LAW OFFICES OF ANTHONY SASSAN By: ____/s/ Anthony Sassan _______________ Anthony Sassan Attorneys for Defendant ELGIN CLOTHING INC.

IT IS SO ORDERED. October 25 DATED: ____________, 2010 ______________________________________________ Hon. William Alsup United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND CMC DATES

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Levi Strauss & Co. v. Elgin Clothing Inc. Case No. CV 10-03529-WHA

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CERTIFICATE OF SERVICE

I hereby certify that on October 22, 2010, a true and correct copy of the foregoing STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANT ELGIN CLOTHING INC.'S MOTION TO DISMISS OR TRANSFER AND INITIAL CASE MANAGEMENT CONFERENCE was filed electronically with the Clerk of the Court using CM/ECF System. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Court's electronic filing system.

By:

/s/Victoria E. Hopper Victoria E. Hopper