Table Bluff Brewing, Inc. v. Aviator Brewing Company, Inc.

Filing 22

ORDER GRANTING Motion: 21 STIPULATION to Continue Hearing Date on Defendants' Motion to Dismiss, to Alter Briefing Schedule on Defendants' Motion to Dismiss, and to Continue Case Management Conference re 17 Case Management Sche duling Order, 11 MOTION to Dismiss for Lack of Jurisdiction and/or Improper Venue, or, in the alternative, to Transfer filed by Aviator Brewing Company, Inc. Reset Deadlines as to 11 MOTION to Dismiss for Lack of Jurisdiction a nd/or Improper Venue, or, in the alternative, to Transfer . Responses due by 9/29/2014. Replies due by 10/10/2014. Motion Hearing reset for 11/7/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Case Management Statement due by 10/31/2014. Initial Case Management Conference reset for 11/7/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco Signed by Judge Charles R. Breyer on 9/17/2014. (beS, COURT STAFF) (Filed on 9/17/2014)

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Daniel M. Cislo, Esq., No. 125,378
[e-mail]
Mark D. Nielsen, Esq., No, 210,023
[e-mail]
CISLO & THOMAS LLP
1333 2nd Street, Suite 500
Santa Monica, California 90401-4110
Telephone: [phone]
Telefax: [phone]
Attorneys for Defendant/Counterclaimant,
AVIATOR BREWING COMPANY, INC.

SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401
Telephone: [phone]
Facsimile: (310)

Attorneys at Law

CISLO & THOMAS LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TABLE BLUFF BREWING, INC. d/b/a
LOST COAST BREWERY & CAFE, a
California corporation,

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Plaintiff,
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vs.
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AVIATOR BREWING COMPANY, INC., a )
North Carolina Corporation,
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Defendant.
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CASE NO. 3:14-cv-3433-CRB
[Hon. Charles R. Breyer]
JOINT STIPULATION TO CONTINUE
HEARING DATE ON DEFENDANTS’
MOTION TO DISMISS, TO ALTER
BRIEFING SCHEDULE ON DEFENDANTS’
MOTION TO DISMISS, AND TO
CONTINUE CASE MANAGEMENT
CONFERENCE; ORDER APPENDED
HERETO

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Joint Stipulation to Continue Dates and
Alter Motion to Dismiss Briefing Schedule
Case No. C 14-3433 CRB

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JOINT STIPULATION

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Pursuant to Civ.L.R. 6-2, Table Bluff Brewing, Inc. dba Lost Coast Brewery & Café

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(“Table Bluff”) and Aviator Brewing Company, Inc. (“Aviator”) hereby submit the following

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stipulation:

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WHEREAS, Aviator filed a motion to dismiss originally scheduled for hearing on October

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3, 2014, and upon reassignment of this matter to this Court, Aviator filed an Amended Notice of

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Motion having the same hearing date as the original notice (see, Docket Nos. 11, 16);

SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401
Telephone: [phone]
Facsimile: (310)

Attorneys at Law

CISLO & THOMAS LLP

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WHEREAS, upon learning of the Court’s unavailability for hearing on October 3, 2014,

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Aviator filed a Second Amended Notice of Motion moving the hearing date to October 10, 2014

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(see, Docket No. 18);
WHEREAS, the Court, sua sponte, moved the hearing date for Aviator’s motion to
dismiss to October 17, 2014 (see, Docket No. 19);

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WHEREAS, primary counsel for Aviator is located in North Carolina and will be

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involved in a protracted “Markman Trial” presently scheduled for 2 weeks and commencing on

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October 14, 2014;

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WHEREAS, primary counsel for Aviator, based on the current hearing date of October
17, 2014 for the motion to dismiss, has a schedule conflict;

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WHEREAS, the Court has also set a Case Management Conference for October 31, 2014;

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WHEREAS, counsel for the parties have met and conferred concerning the foregoing, and

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have agreed to request a change in the foregoing dates to accommodate Aviator’s primary

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counsel’s scheduling conflict;

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WHEREAS, counsel for the parties have agreed as follows:

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November 7, 2014;

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The hearing date for Aviator’s motion to dismiss shall be re-scheduled for

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The briefing schedule for Aviator’s motion to dismiss shall have Table Bluff’s

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opposition papers due on September 29, 2014 and Aviator’s reply papers due on

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October 10, 2014;

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Joint Stipulation to Continue Dates and
Alter Motion to Dismiss Briefing Schedule
Case No. C 14-3433 CRB

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The Case Management Conference shall be re-scheduled for November 7, 2014,

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with the deadline for counsel to meet and confer extended to October 8, 2014, and

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the deadline to submit the Joint Case Management Statement extended to October

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31, 2014;

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WHEREAS, this stipulation is not submitted for purposes of delaying these proceedings,
but as an accommodation to Aviator’s primary counsel’s schedule.

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NOW THEREFORE, the parties, by and through their respective counsel, jointly stipulate

SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401
Telephone: [phone]
Facsimile: (310)

Attorneys at Law

CISLO & THOMAS LLP

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and agree that:

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The hearing date for Aviator’s motion to dismiss shall be re-scheduled for
November 7, 2014;

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The briefing schedule for Aviator’s motion to dismiss shall have Table Bluff’s

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opposition papers due on September 29, 2014 and Aviator’s reply papers due on

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October 10, 2014;

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Joint Stipulation to Continue Dates and
Alter Motion to Dismiss Briefing Schedule
Case No. C 14-3433 CRB

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The Case Management Conference shall be re-scheduled for November 7, 2014,

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with the deadline for counsel to meet and confer extended to October 8, 2014, and

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the deadline to submit the Joint Case Management Statement extended to October

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31, 2014;

UNIT
ED

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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United States District Judge

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harles
Judge C
Respectfully submitted,
CISLO & THOMAS, LLP
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Dated: September 8, 2014

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By:

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/s/Daniel M. Cislo
Daniel M. Cislo
Mark D. Nielsen

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D IS T IC T
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er
R. Brey

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SUITE 500
1333 2 nd Street
SANTA MONICA, CALIFORNIA 90401
Telephone: [phone]
Facsimile: (310)

DERED

O OR
I R. S S
Hon. Charles T IBreyer

By:

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Attorneys at Law

Date: September 17, 2014

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CISLO & THOMAS LLP

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S DISTRICT
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OF

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Of Counsel:
Coats & Bennett PLLC
Emily M. Haas (N.C. Bar No. 39,716)
David E. Bennett (N.C. Bar No. 12,864)
1400 Crescent Green, Suite 300
Cary, North Carolina 27518
E-mail:[e-mail]
[e-mail]
Attorneys for Defendant,
AVIATOR BREWING COMPANY, INC.

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Dated: September 8, 2014

CALDARELLI HEJMANOWSKI & PAGE LLP
By:

s/Ben West (with permission)
Jack R. Leer
Ben West

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Attorneys for Plaintiff,
TABLE BLUFF BREWING, INC. dba LOST
COAST BREWERY & CAFE
T:\14-29534\Joint Stipulation to Continue Dates and Alter Motion to Dismiss Briefing Schedule.docx

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Joint Stipulation to Continue Dates and
Alter Motion to Dismiss Briefing Schedule
Case No. C 14-3433 CRB