Hardline Design, LLC v. Edge International, LLC et al

Filing 27

JOINT STIPULATION AND ORDER RE 26 FOR 45-DAY TEMPORARY STAY OF CASE TO PERMIT ARBITRATION. Signed by Judge Richard Seeborg on 11/5/12. (cl, COURT STAFF) (Filed on 11/5/2012)

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1 COMAR LAW 2 3 4 D. Inder Comar (SBN 243732) inder@comarlaw.com 901 Mission Street, Suite 105 San Francisco, CA 94103 Telephone: +1.415.640.5856 Facsimile: +1.415.513.0445 5 Attorney for Plaintiff 6 HARDLINE DESIGN LLC 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 HARDLINE DESIGN LLC, 13 14 CASE NO.: 3:12-cv-04001-RS Plaintiff, vs. JOINT STIPULATION AND [PROPOSED] ORDER 15 EDGE INTERNATIONAL, LLC; and, B8 Judge: The Honorable Richard Seeborg 16 Trial Date: N/A Action Filed: July 30, 2012 17 CONCEPT LTD., Defendants. 18 19 20 AND ALL RELATED CROSS CLAIMS 21 22 23 24 25 26 27 28   JOINT STIPULATION AND [PROPOSED] ORDER; CASE NO. 3:12-CV-04001-RS 1 2 INTRODUCTION Plaintiff and Counterclaim Defendant HARDLINE DESIGN LLC (“Hardline”) 3 and Defendant and Counterclaim Plaintiff EDGE INTENATIONAL, LLC (“Edge”) respectfully 4 file this joint stipulation and proposed order. The following items are currently on calendar 5 before this Court (in chronological order): 6 (1) Response to Edge’s motion for summary judgment (Docket No. 16), due 7 November 7, 2012; 8 (2) Joint Case Management Statement and Rule 26(a)(1) disclosures, due 9 November 8, 2012; 10 (3) Reply to Edge’s motion for summary judgment (Docket No. 16), due 11 November 14, 2012; 12 (4) Case Management Conference and hearing on Hardline’s motion to dismiss 13 (Docket No. 13), on November 15, 2012; and 14 (5) Hearing on Edge’s motion for summary judgment (Docket No. 16), on 15 November 29, 2012. 16 Subject to the Court’s approval, Hardline and Edge have agreed to an immediate 17 and temporary 45-day stay of this case, beginning from the date of the signed Court order. 18 Hardline and Edge have stipulated to the following: 19 (1) Hardline shall send a demand of notice of arbitration pursuant to AAA rules to 20 B8 Concept Limited, by sending such notice to: 21 22 23 B8 Concept Ltd. Rm A 15/F Hillier Commercial Building 65-67 Bonham Strand East Sheung Wan, Hong Kong and to b8conceptlimited@mail.com. 24 With a cc to Joshua Kirsch at jkirsch@gibsonrobb.com 25 (2) Hardline shall send a demand of notice of arbitration pursuant to AAA rules to 26 Edge International, LLC via its counsel of record, Joshua Kirsch, by regular mail at GIBSON 27 ROBB & LINDH, LLP, 201 Mission St., Suite 2700, San Francisco, CA 94105 and email at 28   1 REPLY IN SUPPORT OF HARDLINE DESIGN LLC’S MOTION TO DISMISS COUNTERCLAIM; CASE NO. 3:12-CV-04001-RS 1 jkirsch@gibsonrobb.com. It is the intent of the parties hereto that all three contracts in dispute 2 shall be subject to a single, binding arbitration. 3 (3) In the event that B8 Concept Limited responds to the demand and submits to 4 binding arbitration, Edge and Hardline shall stipulate to extend the 45-day stay of this Court 5 action indefinitely to permit the arbitration to proceed. 6 (4) In the event that the 45-day stay expires without further stipulation, all 7 oppositions and replies to be filed in response to the above-listed motions, to the extent such 8 oppositions and replies have not yet been filed, will be filed pursuant to Local Rule 7-3 or other 9 agreement of the parties. 10 11 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED: 12 11/5/12 13 Dated: _____________________________ 14 ________________________________________ The Honorable Richard Seeborg United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28   2 JOINT STIPULATION AND [PROPOSED] ORDER; CASE NO. 3:12-CV-04001-RS 1 Dated: November 2, 2012 2 3 4 5 6 Respectfully submitted, By /s/ Inder Comar D. Inder Comar COMAR LAW 901 Mission Street, Ste. 105 San Francisco, CA 94103 Telephone: (415) 640-5856 Facsimile: (415) 513-0445 Email: inder@comarlaw.com 7 Attorney for Plaintiff / Counterclaim Defendant HARDLINE DESIGN LLC 8 9 10 11 12 13 14 By /s/ Joshua Kirsch Joshua Kirsch GIBSON ROBB & LINDH LLP 201 Mission Street, Ste. 2700 San Francisco, CA 94105 Telephone: (415) 348-6000 Facsimile: (415) 348-6001 Email: jkirsch@gibsonrobb.com 15 Attorney for Defendant / Counterclaim Plaintiff EDGE INTERNATIONAL, LLC 16 17 18 19 20 21 22 23 24 25 26 27 28   3 JOINT STIPULATION AND [PROPOSED] ORDER; CASE NO. 3:12-CV-04001-RS 1 2 DECLARATION OF CONSENT Pursuant to Local Rule 5-1 regarding signatures, I attest under penalty of perjury that 3 concurrence in the filing of this document has been obtained from all counsel for all parties. 4 5 6 /s/ Inder Comar D. Inder Comar 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28   4 JOINT STIPULATION AND [PROPOSED] ORDER; CASE NO. 3:12-CV-04001-RS

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