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)

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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

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