Emeco Industries, Inc. v. Restoration Hardware, Inc. et al

Filing 17

STIPULATED REQUEST TO ENLARGE TIME FOR BRIEFING AND HEARING ON PRELIMINARY INJUNCTION AND ORDER THEREON. Defendant's opposition, if any, is due November 16, 2012. Plaintiff's reply, if any, is due November 30, 2012. The hearing is continued to December 14, 2012. Signed by Judge Maxine M. Chesney on October 18, 2012. (mmclc2, COURT STAFF) (Filed on 10/18/2012)

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WESLEY E. OVERSON (CA SBN 154737)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
NATHAN B. SABRI (CA SBN 252216)
[e-mail]
JULIA D. KRIPKE (CA SBN 267436)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
RESTORATION HARDWARE, INC., GARY FRIEDMAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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EMECO INDUSTRIES, INC.,

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Plaintiff,

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v.
RESTORATION HARDWARE, INC., GARY
FRIEDMAN, and Does 1-10,

Case No.

3:12-cv-05072 MMC

STIPULATED REQUEST TO
ENLARGE TIME FOR BRIEFING
AND HEARING ON
PRELIMINARY INJUNCTION
AND PROPOSED ORDER

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Defendants.
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Pursuant to Local Rules 6-1(b) and 6-2, Defendants Restoration Hardware, Inc. and Gary

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Friedman (“Defendants”) and Plaintiff Emeco Industries, Inc. (“Plaintiff”) hereby request to

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enlarge the time on Plaintiff’s Motion for a Preliminary Injunction.

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Defendants have only recently engaged undersigned counsel, and need additional time to

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investigate the allegations in the Complaint and Motion for a Preliminary Injunction.

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(Declaration of Wesley E. Overson in Support of Stipulated Request to Enlarge Time for Briefing

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and Hearing on Preliminary Injunction ¶ 2.) This is the first time modification in this case. (Id. ¶

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3.) The requested modification will not alter any dates or deadlines in the Court’s Scheduling
STIPULATED REQUEST TO ENLARGE TIME FOR BRIEFING AND HEARING ON PRELIMINARY INJUNCTION
CASE NO. 3:12-CV-05072 MMC
sf-3207743

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Order, and will not have any effect on the schedule for the case other than modifying the

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requested hearing date for the preliminary injunction motion. (Id.) Defendants will not argue that

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the schedule agreed upon herein demonstrates a lack of urgency on the part of Plaintiff or a lack

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of irreparable harm.

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The parties request the following preliminary injunction briefing and hearing schedule,

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which would place the hearing on the same date as the currently scheduled Initial Case

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Management Conference:

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Defendants’ Opposition:

November 16, 2012

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Plaintiff’s Reply:

November 30, 2012

Hearing:

December 14, 2012

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Dated: October 17, 2012

Dated: October 17, 2012

/s/ Wesley E. Overson
WESLEY E. OVERSON
[e-mail]

/s/ Jonathan H. Blavin
JONATHAN H. BLAVIN
[e-mail]

MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants
Restoration Hardware, Inc. and Gary
Friedman

Attorneys for Plaintiff
Emeco Industries, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 18, 2012
Dated: _________________
HONORABLE MAXINE M. CHESNEY
United States District Judge

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STIPULATED REQUEST TO ENLARGE TIME FOR BRIEFING AND HEARING ON PRELIMINARY INJUNCTION
CASE NO. 3:12-CV-05072 MMC
sf-3207743

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ATTESTATION PURSUANT TO GENERAL ORDER 45 X.B.
I, Nathan B. Sabri, am the ECF User whose ID and password are being used to file this

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Stipulated Request to Enlarge Time for Briefing and Hearing on Preliminary Injunction. In

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compliance with General Order 45, X.B., I hereby attest that Wesley E. Overson and Jonathan H.

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Blavin have concurred in this filing.

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Dated: October 17, 2012

MORRISON & FOERSTER LLP

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/s/ Nathan B. Sabri
NATHAN B. SABRI
[e-mail]

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STIPULATED REQUEST TO ENLARGE TIME FOR BRIEFING AND HEARING ON PRELIMINARY INJUNCTION
CASE NO. 3:12-CV-05072 MMC
sf-3207743

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