Cartier International AG et al v. Carter Cellars et al

Filing 37

STIPULATION AND ORDER re 32 STIPULATION WITH PROPOSED ORDER To Allow Counsel for Plaintiff to Appear Telephonically at Hearing and/or Extend the Hearing Date filed by Cartier, Set/Reset Deadlines as to 32 STIPULATION WITH PROPOS ED ORDER To Allow Counsel for Plaintiff to Appear Telephonically at Hearing and/or Extend the Hearing Date, 20 MOTION to Strike Various Affirmative Defenses of Defendants. Case Management Statement due by 2/20/2014. Case Manag ement Conference set for 2/27/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 2/27/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M.Chen on 1/23/14. (bpf, COURT STAFF) (Filed on 1/23/2014)

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J. TIMOTHY NARDELL (State Bar #184444)
NARDELL CHITSAZ & ASSOCIATES LLP
790 Mission Avenue
San Rafael, California 94901
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
JOHN P. MARGIOTTA (Pro Hac Vice application pending)
JENNIFER INSLEY-PRUITT (Pro Hac Vice application pending)
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
866 United Nations Plaza
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiff CARTIER INTERNATIONAL
AG and CARTIER, a division of RICHEMONT
NORTH AMERICA, INC.

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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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CARTIER INTERNATIONAL AG and
CARTIER, a division of RICHEMONT
NORTH AMERICA, INC.,

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Plaintiffs,

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vs.
CARTER CELLARS, ENVY WINES,
LLC, CHRISTY CARTER, MARK
CARTER, NILS VENGE, and DOES 1-10,

Case No. CV 13 4544 EMC
STIPULATION AND [PROPOSED
ORDER] TO ALLOW COUNSEL FOR
PLAINTIFF TO APPEAR
TELEPHONICALLY AT HEARING
AND/OR EXTEND THE HEARING DATE
Action Filed: October 1, 2013

Defendants.

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STIPULATION AND [PROPOSED ORDER] TO ALLOW COUNSEL FOR PLAINTIFF TO APPEAR TELEPHONICALLY AT
HEARING AND/OR EXTEND THE HEARING DATE
CV 13 4544 EMC

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WHEREAS the Initial Case Management Conference in this action and Plaintiffs’ Motion to

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Strike Various Affirmative Defenses are currently scheduled to be heard on February 6, 2014 at 1:30

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p.m.

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WHEREAS John P. Margiotta, who intends to serve as lead counsel for Plaintiffs Cartier

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International AG and Cartier in this action, lives and works in New York City and has a conflict that

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prevents him from travelling to California to be present in person at the hearings scheduled for February

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6, 2014.

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THEREFORE Pursuant to Civil L.R. 7-11 and 7-12, the parties, by and through the undersigned
counsel, hereby request by stipulation that the Court allow Mr. Margiotta appear at the hearings on

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February 6, 2014 by telephone, or in the alternative, continue the Initial Case Management Conference

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and hearing on Plaintiffs’ Plaintiffs’ Motion to Strike Various Affirmative Defenses to another date.

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If the Court determines that rescheduling the hearings of these matters, the parties agree that

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February 13 or February 27 at 1:30 p.m., would be mutually convenient dates for the hearing of these

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matters, at which time counsel for all parties could make arrangements to be personally present in

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Court.

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IT IS SO STIPULATED.
Dated: January 21, 2013

NARDELL CHITSAZ & ASSOCIATES LLP

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/s/ J. Timothy Nardell
J. TIMOTHY NARDELL
Attorneys for Plaintiffs CARTIER
INTERNATIONAL AG and CARTIER, a division
of RICHEMONT NORTH AMERICA, INC.

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AND

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JOHN P. MARGIOTTA (pro hac vice application
pending)
JENNIFER INSLEY-PRUITT (pro hac vice
application pending)
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
Attorneys for Plaintiffs CARTIER
INTERNATIONAL AG and CARTIER, a division
of RICHEMONT NORTH AMERICA, INC.

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By:

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STIPULATION AND [PROPOSED ORDER] TO ALLOW COUNSEL FOR PLAINTIFF TO APPEAR TELEPHONICALLY AT
HEARING AND/OR EXTEND THE HEARING DATE
CV 13 4544 EMC

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Dated: January 21, 2014

HAAPALA, THOMPSON & ABERN, LLP

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By:

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/s/ Benjamin A. Thompson
Benjamin A. Thompson
Attorneys For Defendants

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ORDER

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The Court having considered the parties’ stipulation, and good cause appearing, the Court

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hereby orders that:

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John P. Margiotta may appear telephonically at the Initial Case Management Conference
and the hearing of Plaintiffs’ Motion to Strike Various Affirmative Defenses, on

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February 6, 2014 at 1:30 p.m.

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x

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The Initial Case Management Conference and the hearing of Plaintiffs’ Motion to Strike
2/27/14
1:30
Various Affirmative Defenses shall be continued to _________________ at ____. p.m.
A joint CMC statement shall be filed 7 days before the CMC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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JUDGE EDWARD M. CHEN
UNITED STATES DISTRICTED
COURT

UNIT
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1/23/14

Dated: ___________

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STIPULATION AND [PROPOSED ORDER] TO ALLOW COUNSEL FOR PLAINTIFF TO APPEAR TELEPHONICALLY AT
HEARING AND/OR EXTEND THE HEARING DATE
CV 13 4544 EMC