Transfresh Corporation v. Ganzerla & Associates, Inc. et al

Filing 41

ORDER GRANTING re 38 STIPULATION TO RESCHEDULE JOINT CASE MANAGEMENT CONFERENCE filed by Transfresh Corporation and as to 31 MOTION to Dismiss Counterclaim Pursuant to FRCP Rule 12(b)(6). Motion Hearing re-set for 10/5/2012 at 01:30 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Further Case Management Conference fe-set for 10/5/2012 at 01:30 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 8/20/12. (klhS, COURT STAFF) (Filed on 8/20/2012)

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Case3:11-cv-06348-JCS Document38 Filed08/09/12 Page1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 E. Lynn Perry (CA Bar 115165) PERRY IP GROUP A LAW CORPORATION 900 Larkspur Landing Circle Ste 226 Larkspur, CA 94939 415-524-8683 (tel.) 415-524-8685 (fax) lperry@perryip.com Attorneys for Plaintiff TRANSFRESH CORPORATION Keith G. Bremer (State Bar No. 155920) kbremer@bremerandwhyte.com Jeremy Johnson (State Bar No. 214989) jjohnson@,bremerandwhyte.com Michael Shen (State Bar No. 228361) mshen@,bremerandwhyte.com BREMER WHYTE BROWN & O'MEARA LLP 20320 S.W. Birch Street Second Floor Newport Beach, California 92660 Telephone: (949) 221-1000 Facsimile: (949) 221-1001 Attorneys for Defendants, GANZERLA & ASSOCIATES, INC. dba PEAKFRESH USA 15 UNITED STATES DISTRICT COURT 16 FOR THE NORTHERN DISTRICT OF CALIFORNIA 17 18 TRANSFRESH CORPORATION, a Delaware corporation, 21 22 23 24 25 26 C 11-06348 JCS Plaintiff, 19 20 Case No. v. GANZERLA & ASSOCIATES, INC., a California corporation, also doing business as PEAKFRESH USA, Defendant. THIRD STIPULATED MOTION TO RESCHEDULE JOINT CASE MANAGEMENT CONFERENCE and HEARING ON MOTION TO DISMISS Date: Time: Judge: Place: October 5, 2012 9:30 a.m. Hon. JOSEPH C. SPERO Courtroom G, 15th Floor The parties in the captioned case attended a court-connected mediation on June 12, 2012. As a result, the parties are in earnest settlement negotiations, being facilitated by the mediator. The parties 27 have exchanged several drafts and have made substantial progress with three additional conferences 28 Case3:11-cv-06348-JCS Document38 Filed08/09/12 Page2 of 3 1 with the mediator. The parties have an additional conference with the mediator scheduled August 23, 2 2012, and it is believe that the negotiations will necessarily not be concluded by the scheduled 3 conference date. Presently, the Case Management Conference and hearing on Plaintiff’s Motion to 4 Dismiss Defendant’s Counterclaim is set for August 31, 2012 at 9:30 a.m., and the Joint Case 5 6 Management Conference Statement is due August 24, 2012. Therefore, Plaintiff TRANSFRESH 7 CORPORATION and Defendant GANZERLA & ASSOCIATES, INC. dba PEAKFRESH USA move 8 the Court to reschedule the Case Management Conference to October 5, 2012 at 9:30 a.m. to 9 accommodate this schedule. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIRD STIPULATED MOTION TO RESCHEDULE JOINT CASE MANAGEMENT CONFERENCE -2- Case3:11-cv-06348-JCS Document38 Filed08/09/12 Page3 of 3 1 Dated: August 9, 2012 Respectfully submitted, 2 PERRY IP GROUP A.L.C 3 4 /S/ E. Lynn Perry 5 Attorneys for Plaintiff TRANSFRESH CORPORATION 6 7 Dated: August __, 2012 8 BREMER WHYTE BROWN & O'MEARA LLP /S/ Michael Shen 9 Attorneys for Defendants 10 GANZERLA & ASSOCIATES, INC. dba PEAKFRESH USA and GREGORY A. GANZERLA 11 12 DRAFT ORDER 13 14 For the reasons stated in the foregoing Stipulated Motion, the Case Management Conference 15 and hearing on Plaintiff’s Motion to Dismiss Defendant’s Counterclaim is hereby rescheduled to 16 October 5, 2012 at 9:30 a.m. 1:30 PM. S 8/20/12 Date: _______________ R NIA UNIT ED 18 ______________________________________ Joseph C. Spero seph C. Spero e Jo United States Judg Magistrate Judge 21 22 23 24 25 26 27 28 THIRD STIPULATED MOTION TO RESCHEDULE JOINT CASE MANAGEMENT CONFERENCE -3- A H ER LI RT 20 FO NO 19 RT U O 17 ISTRIC ES D TC AT T N F D IS T IC T O R C

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