Allied Lomar, Inc. v. Lone Star Distillery LLC
Filing
25
Order as Modified by Hon. Vince Chhabria granting 24 Stipulation to Extend Time to Submit the Joint Case Management Statement and to Continue Case Management Conference.(knm, COURT STAFF) (Filed on 10/8/2014)
1
2
3
4
5
6
Robert P. Andris - 130290
randris@gordonrees.com
Michael D. Kanach - 271215
mkanach@gordonrees.com
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Tel: (415) 986-5900
Fax: (415) 986-8054
Attorneys for Plaintiff
ALLIED LOMAR, INC.
7
8
9
10
11
12
13
14
William S. Kronenberg - 133730
wkronenberg@krolaw.com
Steven W. Yuen - 230768
syuen@krolaw.com
KRONENBERG LAW, P.C.
1999 Harrison Street, Suite 1450
Oakland, CA 94612-4729
Tel: (510) 254-6767
Fax: (510) 788-4092
Attorneys for Defendant
LONE STAR DISTILLERY, LLC DBA
GARRISON BROTHERS DISTILLERY
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
SAN FRANCISCO DIVISION
18
ALLIED LOMAR, INC.,
19
Case No.: 3:14-cv-03195-VC
Plaintiff,
20
v.
21
LONE STAR DISTILLERY, LLC DBA
GARRISON BROTHERS DISTILLERY; and
DOES 1 THROUGH 10,
22
23
Defendants.
STIPULATION TO EXTEND TIME TO
SUBMIT THE JOINT CASE MANGEMENT
STATEMENT, TO CONTINUE CASE
MANAGEMENT CONFERENCE; AND
[PROPOSED] ORDER AS MODIFIED
Judge:
Courtroom:
File Date:
Trial Date:
Hon. Vince Chhabria
4, 17th Floor
July 15, 2014
None
24
25
I.
26
1.
27
(ECF 1.)
28
RECITALS
///
On July 15, 2014, plaintiff Allied Lomar, Inc. (hereafter “Allied”) filed its complaint.
STIPULATION TO EXTEND TIME TO SUBMIT THE JOINT CASE MANGEMENT STATEMENT, TO CONTINUE
CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER AS MODIFIED
3:14-cv-03195-VC – PAGE 1
1
2
3
4
5
2.
On August 20, 2014, Allied served its complaint upon defendant Lone Star Distillery,
LLC doing business as Garrison Brothers Distillery (hereafter “Lone Star”). (ECF 12.)
3.
On September 10, 2014, the parties stipulated to extend the time to October 10, 2014 for
Lone Star to file its responsive pleading to the complaint. (ECF 13 at 2:10-11.)
4.
On September 12, 2014, the court issued its order setting a case management
6
conference for October 14, 2014 at 10:00 a.m. in the above captioned court with the parties’ joint case
7
management statement and proposed order due no later than 7 days before the conference. (ECF 17 at
8
1:16-24.)
9
5.
On September 16, 2014, the court rescheduled the case management conference to
10
October 21, 2014 at 10:00 a.m. with the parties’ joint case management statement and proposed order
11
due no later than October 14, 2014. (ECF 19.) The conference was rescheduled due to the extension
12
of time given to Lone Star to respond to the complaint. (Id.)
13
6.
On September 29, 2014, the parties met and conferred in accordance with Civil Local
14
rules 16-3 and 16-10, Fed. R. Civ. P. 26(f), and ADR Local Rule 3-5, to prepare the joint case management
15
conference statement in accordance with Civil Local Rule 16-9 and the Standing Order for all Judges
16
of the Northern District of California dated August 25, 2014. Jurisdiction is the first matter to be
17
discussed per the Standing Order for all Judges of the Northern District of California.
18
7.
During this conference, the issue of jurisdiction and venue were discussed and Lone
19
Star advised that it anticipated it would be filing its motion to dismiss, or in the alternative, to transfer
20
venue to the United States District Court for the Western District of Texas. Allied Lomar has not seen
21
Lone Star’s motion to dismiss, or in the alternative, to transfer venue or any proposed evidence in
22
support thereof, and Allied Lomar intends to oppose Lone Star’s motion.
23
8.
In light of Lone Star’s anticipated motion, and the interest of judicial economy and
24
efficiency and to preserve the resources of the parties and the judiciary, the parties hereby request leave
25
to extend time to submit their joint case management statement from October 14, 2014, until three
26
weeks after the court issues its ruling on the motion of Lone Star to dismiss or, alternatively to transfer
27
venue. Lone Star stipulates that this extension will not be used as evidence of a lack of irreparable
28
harm should Allied Lomar file a motion for preliminary injunction. Should the court issue an order
STIPULATION TO EXTEND TIME TO SUBMIT THE JOINT CASE MANGEMENT STATEMENT, TO CONTINUE
CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER AS MODIFIED
3:14-cv-03195-VC – PAGE 2
1
granting Lone Star’s motion, the case management conference may become moot thereby obviating the
2
need to submit the joint case management conference statement to this court.
3
II.
STIPULATION
4
The parties, by and through their counsel, stipulate that to preserve the resources of the parties
5
and the judiciary the deadline for the submission of the joint case management statement shall be
6
extended from October 14, 2014, until three weeks after the court issues its orders on Lone Star’s
7
motion or, alternatively to a date set by the court.
8
9
10
The parties, by and through their counsel, further stipulate to vacate the case management
conferment set for October 21, 2014, at 10:00 a.m., and to have it continued to a date set by the court.
DATED: October 8, 2014
GORDON & REES LLP
11
12
/s/ Robert P. Andris
By:
13
Robert P. Andris
Michael D. Kanach
Attorneys for Plaintiff
ALLIED LOMAR, INC.
14
15
16
DATED: October 8, 2014
KRONENBERG LAW, P.C.
17
18
/s/ William S. Kronenberg
By:
19
William S. Kronenberg
Steven W. Yuen
Attorneys for Defendant
LONE STAR DISTILLERY, LLC DBA
GARRISON BROTHERS DISTILLERY
20
21
22
///
23
///
24
///
25
26
27
28
STIPULATION TO EXTEND TIME TO SUBMIT THE JOINT CASE MANGEMENT STATEMENT, TO CONTINUE
CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER AS MODIFIED
3:14-cv-03195-VC – PAGE 3
III.
1
2
ATTESTATION
Per Civil Local Rule 5-1(i)(3), I attest I have obtained the concurrence of the other signatories
3
in the filing of this document which shall serve in lieu of their signatures on this document.
4
DATED: October 8, 2014
KRONENBERG LAW, P.C.
5
6
/s/ William S. Kronenberg
By:
7
William S. Kronenberg
Steven W. Yuen
Attorneys for Defendant
LONE STAR DISTILLERY, LLC DBA
GARRISON BROTHERS DISTILLERY
8
9
IV.
10
ORDER AS MODIFIED
11
Based on the parties’ stipulation, and for good cause appearing,
12
IT IS ORDERED the case management conference set for October 21, 2014, at 10:00 a.m. is
13
vacated, and will be reset by the court for a date 12 days after the hearing on Defendant's Motion
14
to Dismiss. The joint case management statement shall be due 7 days prior to the case
15
management conference.
16
DATE: October 8, 2014
17
18
19
Honorable Vince Chhabria
United States District Judge
20
21
22
23
24
25
26
27
28
STIPULATION TO EXTEND TIME TO SUBMIT THE JOINT CASE MANGEMENT STATEMENT, TO CONTINUE
CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER AS MODIFIED
3:14-cv-03195-VC – PAGE 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?