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

Filing 30

ORDER APPROVING STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference shall be held on Friday, February 1, 2013, at 10:30 a.m. Signed by Judge Maxine M. Chesney on November 20, 2012. (mmclc1, COURT STAFF) (Filed on 11/20/2012)

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JOHN W. SPIEGEL (SBN: 78935)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone: [phone]
Facsimile: [phone]

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JONATHAN H. BLAVIN (SBN: 230269)
[e-mail]
JESSE MAX CREED (SBN: 272595)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

WESLEY E. OVERSON (SBN: 154737)
[e-mail]
JENNIFER LEE TAYLOR (SBN: 161368)
[e-mail]
NATHAN B. SABRI (SBN: 252216)
[e-mail]
JULIA D. KRIPKE (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

Attorneys for Plaintiff
EMECO INDUSTRIES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EMECO INDUSTRIES, INC.
Plaintiff,

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v.

CASE NO. CV 12-05072 MMC
STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON

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RESTORATION HARDWARE, INC., GARY
FRIEDMAN, and DOES 1-10.
Defendants.

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STIPULATION TO CONTINUE INITIAL CMC;
[PROPOSED] ORDER
CASE NO. CV 12-05072 MMC

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Plaintiff Emeco Industries, Inc. (“Plaintiff”), and Defendants Restoration Hardware, Inc.

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and Gary Friedman (“Defendants”) hereby stipulate through their respective attorneys as

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follows:

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WHEREAS, on October 16, 2012, the Court issued a Case Management Conference

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Order in the above-captioned action, scheduling the Initial Case Management Conference for

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December 14, 2012 at 10:30 a.m.;

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WHEREAS, the parties agree that they could meet the deadlines for events leading up to

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the Initial Case Management Conference in a more orderly fashion if that Conference were

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postponed;

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WHEREAS, the parties agree that they and the Court would benefit from having

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Plaintiff’s Motion for a Preliminary Injunction and Defendants’ Motion to Dismiss fully briefed

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and argued before the Initial Case Management Conference;

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WHEREAS, Friday, February 1, 2013, at 10:30 a.m. is a mutually agreeable date for the
parties for a rescheduled Initial Case Management Conference;
WHEREAS, the parties jointly request a continuance of the Case Management
Conference until February 1, 2013, at 10:30 a.m;
WHEREAS, the parties agree to have their Federal Rule of Civil Procedure 26(f)

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conference and, pursuant to ADR Local Rule 3-5, confer on an ADR process, file ADR

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Certifications, and file either Stipulations to ADR Process or Notices of Need for ADR Phone

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Conference, by January 11, 2013;

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WHEREAS, the parties agree to serve their initial disclosures and file the joint case
management conference statement by January 25, 2013; and
NOW THEREFORE, IT IS HEREBY STIPULATED that, subject to the Court’s

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approval:

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1.

The parties shall have their Federal Rule of Civil Procedure 26(f) conference and,

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pursuant to ADR Local Rule 3-5, confer on an ADR process, file ADR Certifications, and file

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either Stipulations to ADR Process or Notices of Need for ADR Phone Conference, by January

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11, 2013;
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STIPULATION TO CONTINUE INITIAL CMC;
[PROPOSED] ORDER
CASE NO. CV 12-05072 MMC

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2.

The parties shall serve their initial disclosures and file their joint case

management conference statement by January 25, 2013; and
3.

The Initial Case Management Conference shall be held on Friday, February 1,

2013 at 10:30 a.m.
Respectfully Submitted,
Dated: November 19, 2012

Dated: November 19, 2012

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

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

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

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

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Attorneys for Plaintiff
Emeco Industries, Inc.

Attorneys for Defendants
Restoration Hardware, Inc. and Gary
Friedman

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: November 20 2012
___,

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HONORABLE MAXINE M. CHESNEY
United States District Judge

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ATTESTATION PURSUANT TO GENERAL ORDER 45 X.B.

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I, Jonathan H. Blavin, am the ECF User whose ID and password are being used to file this

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Stipulation to Continue Initial Case Management Conference. In compliance with General Order

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45, X.B., I hereby attest that Wesley E. Overson has concurred in this filing.

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Dated: November 19, 2012

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MUNGER, TOLLES & OLSON LLP
/s/ Jonathan H. Blavin
JONATHAN H. BLAVIN
[e-mail]

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STIPULATION TO CONTINUE INITIAL CMC;
[PROPOSED] ORDER
CASE NO. CV 12-05072 MMC