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

Filing 24

ORDER granting 23 STIPULATION re 22 Order, Set Motion and Deadlines/Hearings. 17 Case Management Scheduling Order, 11 MOTION to Dismiss for Lack of Jurisdiction and/or Improper Venue filed by Aviator Brewing Company, Inc. Re set Hearing as to 11 MOTION to Dismiss for Lack of Jurisdiction and/or Improper Venue, or, in the alternative, to Transfer. Motion Hearing reset for 11/14/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Initial Case Management Conference set for 11/14/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco, Signed by Judge Charles R. Breyer on 9/22/2014. (beS, COURT STAFF) (Filed on 9/22/2014)

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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 AND TO CONTINUE
CASE MANAGEMENT CONFERENCE;
ORDER APPENDED HERETO

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Joint Stipulation to Hearing Date and
and Case Management Conference
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 had scheduling conflicts with the October 17,

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2014, hearing date, the Court granted the parties’ joint stipulation to continue the hearing date for

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the motion to dismiss and the Case Management Conference to November 7, 2014 (see, Docket

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No. 22);

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WHEREAS, Defendant’s primary counsel, Mr. Anthony Biller, whose pro hac vice

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application shall be filed shortly, is involved in a personal adoption matter in Latvia. The Latvian

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courts have set a hearing in that matter for November 7, 2014. As a result, Mr. Biller will most

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likely not be available on November 7, 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 continuing the date for the hearing for the motion to dismiss and

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the Case Management Conference to November 14, 2014;

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WHEREAS, counsel for the parties have agreed as follows:

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•

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The hearing date for Aviator’s motion to dismiss shall be re-scheduled for
November 14, 2014;

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The briefing schedule for Aviator’s motion to dismiss shall remain as previously
ordered by the Court (see, Docket 22);

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Joint Stipulation to Hearing Date and
and Case Management Conference
Case No. C 14-3433 CRB

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The Case Management Conference shall be re-scheduled for November 14, 2014,

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with the deadlines for counsel to meet and confer and the deadline to submit the

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Joint Case Management Statement remaining as previously ordered by the Court

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(see, Docket 22);

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WHEREAS, this stipulation is not submitted for purposes of delaying these proceedings,

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

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Attorneys at Law

but as an accommodation to Aviator’s primary counsel’s schedule.

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CISLO & THOMAS LLP

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///

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///

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Joint Stipulation to Hearing Date and
and Case Management Conference
Case No. C 14-3433 CRB

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

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and agree that:

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The Case Management Conference shall be re-scheduled for November 14, 2014.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

S
UNIT
ED

Hon. Charles R. Breyer
ERED
United StatesIDistrict Judge
O ORD
SS

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yer
Respectfully submitted,
s R. Bre
e Charle
g
Ju LLP
CISLO & THOMAS, d

Dated: September 19, 2014

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By:

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FO

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IT

R NIA

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ER
/s/Daniel M. Cislo
C
Daniel M. Cislo N D
OF
IS T RIC T
Mark D. Nielsen

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

By:

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Attorneys at Law

Date: September 22, 2014

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CISLO & THOMAS LLP

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RT
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S DISTRICT
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November 14, 2014;

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

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 19, 2014

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CALDARELLI HEJMANOWSKI & PAGE LLP
By:

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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

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T:\14-29534\Joint Stipulation to Continue Hearing Date.docx

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Joint Stipulation to Hearing Date and
and Case Management Conference
Case No. C 14-3433 CRB