GMYL, L.P. v. Coppola et al

Filing 54

Joint Stipulation and Order Re: [DKT #52] Stipulation and Order, Referring Case to Magistrate Judge Maria-Elena James for Settlement Conference and Enlarge Time for Jurisdictional Depositions of Foreign Defendants to Coincide with Settlement Conference Appearance. Signed by Judge Richard Seeborg on 4/4/14. (cl, COURT STAFF) (Filed on 4/4/2014)

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K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Susan E. Hollander (SBN 133473)
[e-mail]
Jocelyn M. Belloni (SBN 253482)
[e-mail]
Sharoni S. Finkelstein (SBN 271829)
[e-mail]
K&L GATES LLP
10100 Santa Monica Boulevard
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Seth A. Gold (SBN 163220)
[e-mail]
Christina N. Goodrich (SBN 261722)
[e-mail]
Attorneys for Plaintiff
GMYL, L.P.

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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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GMYL, L.P., a California limited partnership;

CASE NO. 13-cv-04739-RS
ORDER

JOINT STIPULATION AND
REQUEST FOR ORDER TO (1)
vs.
REFER MATTER TO THE HON.
MARIA-ELENA JAMES FOR
ERNESTO COPPOLA, an individual; COPPOLA SETTLEMENT CONFERENCE AND
FOODS LIMITED, a foreign company; and
(2) ENLARGE TIME FOR
DOES 1 THROUGH 10
JURISDICTIONAL DEPOSITIONS
OF FOREIGN DEFENDANTS TO
Defendants.
COINCIDE WITH SETTLEMENT
CONFERENCE APPEARANCE
Plaintiff,

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IT IS HEREBY STIPULATED by and between Plaintiff GMYL, L.P. (“Plaintiff” or
“GMYL”) and Defendants Ernesto Coppola and Coppola Foods Limited (collectively, “Coppola”),
by and through their counsel of record, as follows:

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JOINT STIPULATION AND REQUEST FOR ORDER TO REFER MATTER FOR SETTLEMENT AND TO
ENLARGE TIME FOR JURISDICTIONAL DISCOVERY

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WHEREAS, on October 11, 2013, GMYL filed its Complaint against Coppola;

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WHEREAS, on February 5, 2014, Coppola filed a Motion to Dismiss Claims, whereby

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Coppola Foods Limited seeks, inter alia, dismissal of the claims against it for lack of personal

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jurisdiction;

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WHEREAS, on February 20, 2014, pursuant to the Case Management Conference, the Court

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ordered that Plaintiff may take limited discovery regarding personal jurisdiction and may take that

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discovery until April 22, 2014 (the “Jurisdictional Discovery Period”);

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WHEREAS, in March 24 and March 27, 2014 orders, Magistrate Judge Spero ordered that, in
connection with Plaintiff’s taking jurisdictional discovery, the depositions of non-United States

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residents and defendants Coppola Foods Limited and Ernesto Coppola shall take place in San

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Francisco;

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WHEREAS, shortly after the March 24 and March 27 orders, the parties agreed to schedule a

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settlement conference during the same time frame that Coppola Foods Limited and Ernesto Coppola

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appear in San Francisco for depositions, and agreed that they would schedule such depositions after

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the parties’ anticipated settlement conference;

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WHEREAS, immediately after the parties agreed to schedule their settlement conference

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along with defendants’ jurisdictional depositions, the parties worked diligently in an attempt to

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schedule a settlement conference with a Northern District of California magistrate judge in a manner

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consistent with the schedules of counsel and of the parties, and during the Jurisdictional Discovery

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Period;

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WHEREAS, due to the schedules of counsel and of the parties, and of the availability of

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magistrate judges in the Northern District of California, the parties have been unable to set dates for a

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settlement conference and dates for the depositions of Coppola Foods Limited and Ernesto Coppola

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during the Jurisdictional Discovery Period;

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WHEREAS, the parties have agreed that engaging in a settlement conference before the Hon.
Maria-Elena James would further their interests in attempting to resolve this matter;
WHEREAS, May 19, 2014 is the first date that the Hon. Maria-Elena James has available to
preside over a settlement conference where all parties and counsel can attend;
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JOINT STIPULATION AND REQUEST FOR ORDER TO REFER MATTER FOR SETTLEMENT AND TO
ENLARGE TIME FOR JURISDICTIONAL DISCOVERY

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WHEREAS, good cause exists for scheduling the settlement conference during the same time

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frame as, but before, the appearances for the jurisdictional depositions of defendants Coppola Foods

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Limited and Ernesto Coppola because (1) it furthers the policy of attempting to settle matters prior to

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trial, (2) it is in the interest efficiency because it schedules two events—specifically, defendants’

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depositions and a settlement conference—during a single visit by defendants who reside outside the

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United States, and (3) if the parties settle their dispute prior to the depositions, then the parties will be

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able to avoid the time and expense necessary for depositions;

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WHEREAS, good cause exists to enlarge the time for the jurisdictional depositions of

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Coppola Foods Limited and Ernesto Coppola because in the absence of such enlargement, the parties

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will not be able to schedule a settlement conference during defendants’ appearance for their

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jurisdictional depositions and because defendants likely will not agree to travel in the near future to

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the United States on a separate itinerary for a settlement conference;

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NOW, THEREFORE, Plaintiff GMYL and Defendants Coppola Foods Limited and Ernesto

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Coppola hereby STIPULATE that, this matter shall be referred to the Hon. Maria-Elena James for a

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settlement conference and, pursuant to Northern District of California Civil Local Rule 6-2, the

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Jurisdictional Discovery Period shall be extended to May 27, 2014.

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DATED: April 3, 2014

/s/ Sharoni S. Finkelstein
Sharoni S. Finkelstein
K&L GATES LLP
Attorneys for Plaintiff

DATED: April 3, 2014

/s/ Walter C. Pfeffer
Walter C. Pfeffer
COLT/SINGER/BEA LLP
Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS ORDERED that this action shall be referred to the Hon.

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Maria-Elena James for a settlement conference and, pursuant to Northern District of California Civil

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Local Rule 6-2, the Jurisdictional Discovery Period shall be extended to May 27, 2014.

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DATED:

April 4, 2014

RICHARD SEEBORG
United States District Judge

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JOINT STIPULATION AND REQUEST FOR ORDER TO REFER MATTER FOR SETTLEMENT AND TO
ENLARGE TIME FOR JURISDICTIONAL DISCOVERY