Sime Darby Jomalina SDN BHD v. Hornbill Foods Corp

Filing 22

ORDER : Initial Case Management Conference set for 10/11/13 is continued to 11/22/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 10/7/13., Motions terminated: 21 STIPULATION WITH PROPOSED ORDER re 20 Case Management Conference - Initial, Set Hearings,, Regarding Continuing Further Case Management Conference filed by Sime Darby Jomalina SDN BHD.(tfS, COURT STAFF) (Filed on 10/7/2013)

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Bruce H. Jackson, State Bar No. 98118
[e-mail]
Christina M. Wong, State Bar No. 288171
[e-mail]
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
SIME DARBY JOMALINA SDN BHD

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Vernon C. Goins II, State Bar No. 195461
[e-mail]
Veronica H. Garcia, State Bar No. 215216
[e-mail]
GOINS & ASSOCIATES
1330 Broadway, Suite 930
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant and Cross-Claimant
HORNBILL FOODS CORP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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SIME DARBY JOMALINA SDN BHD, a
Malaysian corporate entity,
Plaintiff,

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v.

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HORNBILL FOODS CORP., a California
Corporation,

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Case No. CV-13-01837 SI
STIPULATION REGARDING
CONTINUING FURTHER CASE
MANAGEMENT CONFERENCE AND
PROPOSED ORDER

Defendant.

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_______________________________________

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HORNBILL FOODS CORP., a California
Corporation,

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Cross-Claimant,

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
Tel: [phone]

Present Date of CMC:
October 11, 2013
Requested Date of Further CMC:
November 15, 2013
Time:
2:30 p.m.
Courtroom: 10, 19th Floor
Before:
The Hon. Susan Illston
Date Complaint Filed: April 22, 2013

v.
WESTERN PACIFIC OIL, LLC, a California
Limited Liability Corporation
Cross-Defendant.
Case No. CV-13-01837 SI
STIPULATION & PROPOSED ORDER
6693509-v2\SFODMS

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In accordance with Local Rules 6-2 and 7-12, and pursuant to the Court’s Civil Pretrial

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Minutes of August 30, 201, Sime Darby Jomalina SDN BHD (“Sime Darby” or “Plaintiff”), and

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Defendant and Cross-Claimant Hornbill Foods Corp. (“Hornbill” or “Defendant”) (collectively, “the

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Parties”) have conferred and submit this Stipulation Continuing the Further Joint Case Management

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Statement and Proposed Order.

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WHEREAS, on June 17, 2013, Defendant Hornbill filed a Cross-Claim for Indemnity,

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Contribution and Declaratory Relief against Cross-Defendant Western Pacific Oil, LLC (“Western

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Pacific” or “Cross-Defendant”);

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WHEREAS, counsel for Cross-Defendant has waived service of the Cross-Claim;
WHEREAS, Cross-Defendant’s responsive pleading to the Cross-Claim is due on or before
October 28, 2013;
WHEREAS, the Further Case Management Conference in this matter is currently set for
October 11, 2013;
WHEREAS, the current date for Cross-Defendant to file a responsive pleading is October 28,

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2013, which falls after the Further Case Management Conference hearing date of October 11, 2013;

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WHEREAS, in view of the fact that the case will not be at issue until after Cross-Defendant

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files its responsive pleading on October 28, 2013, the Parties have stipulated and agreed that Further

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Case Management Conference of October 11, 2013 should be continued to November 15, 2013;

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WHEREAS, this is the first Stipulation between the Parties for the continuance of the date of
the Further Case Management Conference, presently set for October 11, 2013.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties as
follows:
The Further Case Management Conference, presently set for October 11, 2013, will be
continued to November 15, 2013, at 2:30 p.m.
The Parties shall file an updated Joint Case Management Conference Statement on
November 8, 2013.

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
Tel: [phone]

Case No. CV-13-01837 SI
STIPULATION & PROPOSED ORDER
6693509-v2\SFODMS

IT IS SO STIPULATED.

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Dated: October 4, 2013

BAKER & MCKENZIE LLP
Bruce H. Jackson
Christina M. Wong

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By: /s/ Christina M. Wong
Christina M. Wong
Attorneys for Plaintiff
SIME DARBY JOMALINA SDN BHD

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Dated: October 4, 2013

GOINS & ASSOCIATES
Vernon C. Goins II
Veronica H. Garcia

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By: /s/ Veronica H. Garcia
Veronica H. Garcia
Attorneys for Defendant and CrossClaimant
HORNBILL FOODS CORP.

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ATTESTATION

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I, Christina M. Wong, attest that I am one of the attorneys for Plaintiff SIME DARBY

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JOMALINA SDN BHD. As the ECF user and filer of this document, I attest that concurrence in the

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filing of this document has been obtained from its signatories.

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Dated: October 4, 2013

/s/ Christina M. Wong
Christina M. Wong

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*********************

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///

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///

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
Tel: [phone]

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Case No. CV-13-01837 SI
STIPULATION & PROPOSED ORDER
6693509-v2\SFODMS

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SIME DARBY JOMALINA SDN BHD v. HORNBILL FOODS CORP.
And related Cross-Claim:
Case No. CV-13-01837 SI
ORDER

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PURSUANT TO STIPULATION, the following is ORDERED:
The Further Case Management Conference, presently set for October 11, 2013, shall be
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continued to November 15, 2013, at 2:30 p.m.
The Parties shall file an updated Joint Case Management Conference Statement on
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November 8, 2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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10/7/13
Dated: ____________________
The Honorable Susan Illston
United States District Judge

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
Tel: [phone]

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Case No. CV-13-01837 SI
STIPULATION & PROPOSED ORDER
6693509-v2\SFODMS

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Bruce H. Jackson, State Bar No. 98118
bruce.jackson(bakerrnckenzie.com
Christina M. Wong, State Bar No. 288171
christina, wonghakerrnckenzie . corn
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
SIME DARBY JOMALINA SDN BHD

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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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SIME DARBY JOMALINA SDN BHD, a
Malaysian corporate entity,

CERTIFICATE OF SERVICE

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Case No. CV-13-01837 SI

Plaintiff,
V.

HORNBILL FOODS CORP., a California
Corporation,

Courtroom: 10, 19th Floor
Before:
The Hon. Susan Iliston
Date Complaint Filed: April 22, 2013

Defendant,

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HORNBILL FOODS CORP., a California
Corporation,

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Cross-Claimant,
V.

WESTERN PACIFIC OIL, LLC, a California
Limited Liability Corporation
Cross-Defendant.

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Baker & McKenzie LLP
Two Embarcadero Cenlw
I lb Floor
San Francisco, (’A 94111
’1 -I 415 576 3000
Tel

Case No. CV-13-01837S1
CERTIFICATE OF SERVICE
6689993-v 1\SFODMS

CERTIFICATE OF SERVICE
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I, Nada K. Hitti, declare: I am employed in the City and County of San Francisco,
California. I am over the age of 18 years and not a party to the within action. My business address
is Two Embarcadero Center, Suite 1100, San Francisco, CA 94111. On October 4, 2013, I served
the attached
STIPULATION REGARDING CONTINUING FURTHER CASE MANAGEMENT
CONFERENCE AND PROPOSED ORDER
on counsel for the parties in this action as ECF filers via the Court’s ECF filing system, as follows:

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Vernon C. Goins II, Esq.
Veronica H. Garcia, Esq.
GOINS & ASSOCIATES
1330 Broadway, Suite 930
Oakland, CA 94612
vgoins()goins1avfirm.com
vgarcia(i)goinslawtirm.com

Counsel for Defendant and Cross-Claimant
HORNBILL FOODS CORP

Telephone: [phone]
Facsimile:
[phone]

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tI (VIA CM/ECF NOTICE OF ELECTRONIC FILING): I caused said document(s) to be
served by means of the Court’s electronic transmission of the Notice of Electronic Filing
through the Court’s transmission facilities, to the parties and/or counsel noted above who are
registered as CM/ECF Users, as set forth in the service list of the Court

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and on

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Sam S. Yebri, Esq.
Merino Yebri, LLP
1925 Century Park East, Suite 2140
Los Angeles, CA 90067
syebri()mylav1Ip.com

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Telephone: [phone]
Facsimile: +1310.693.9458
El (BY U.S. MAIL) I placed such sealed envelope, with postage thereon fully prepaid for firstclass mail, for collection and mailing at BAKER & McKENZIE LLP, San Francisco,
California, following ordinary business practices. I am readily familiar with the practice of
BAKER & McKENZIE LLP for collection and processing of correspondence, said practice
being that in the ordinary course of business, correspondence is deposited in the United States
Postal Service the same day as it is placed for collection.
I declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct. Executed at San Francisco, California on
October 4, 2013.

ccct

W
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Baker & McKenzie LI.P
Favo Embarcadero Center
III Floor
San Francisco, CA 94111
Tel: [phone]

Counsel for Cross-Defendant
WESTERN PACIFIC OIL, LLC

K. F1tL.

Nada K. Hitti
Case No. CV-13-0I837 SI
CERTIFICATE OF SERVICF,
6689993-v I \SFODMS