Morton & Bassett, LLC-V-Organic Spices Inc

Filing 45

ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Stipulation re 40 MOTION to Dismiss Plaintiff's First Amended Complaint for Damages and Injunction Relief or, Alternatively, Motion to Strike, 43 Opposition/Response to Motion.(ndrS, COURT STAFF) (Filed on 3/31/2016)

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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ROBERT P. ANDRIS (SBN: 130290)
[e-mail]
MICHAEL D. KANACH (SBN: 271215)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
THOMAS E. MOORE, III (SBN 115107)
[e-mail]
ROYSE LAW FIRM, PC
1717 Embarcadero Road
Palo Alto, CA 94303
Office: 650-813-9700
Fax: [phone]

MEYLAN DAVITT JAIN
AREVIAN & KIM LLP
ROBERT L. MEYLAN (SBN 144031)
[e-mail]
SHAUNT T. AREVIAN (SBN 237698)
[e-mail]
444 South Flower Street, Suite 1850
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

Attorneys for
Defendant and Counterclaimant,
ORGANIC SPICES, INC.

HOLMES WEINBERG, P.C.
STEVEN M. WEINBERG (SBN 235581)
[e-mail]
30765 Pacific Coast Highway, Suite 411
Malibu, California 90265
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
Morton & Bassett, LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MORTON & BASSETT, LLC, a California limited
liability company,

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CASE NO. 3:15-cv-01849-HSG
PARTIES’ JOINT STIPULATION
TO MODIFY THE SCHEDULE: (1)
MOTION TO DISMISS HEARING,
AND (2) COMPLETION OF FACT
DISCOVERY DEADLINE, AND
ORDER

Plaintiff,
v.
ORGANIC SPICES, INC., a California
Corporation,

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Defendants.
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ORGANIC SPICES, INC., a California
Corporation,

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Counterclaimant,
v.
MORTON & BASSETT, LLC, a California limited
liability company,
CounterclaimDefendants.

Action Filed: April 24, 2015
Trial Date:
November 7, 2016

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-1PARTIES’ JOINT STIPULATION TO MODIFY DATES

Case No. 3:15-cv-01849-HSG

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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PLEASE TAKE NOTICE that, pursuant to Rules 6-1(b) and 6-2 of the Civil Local Rules

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(Civil L.R.), Plaintiff and Counter-Defendant MORTON & BASSETT, LLC (“Morton”) and

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(“Defendant and Counterclaimant ORGANIC SPICES, INC. (“Defendant” or “Organic Spices”)

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(hereinafter collectively “Parties”), stipulate and seek an order from the Court as follows:

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WHEREAS, the Parties stipulate – subject to Court approval – to two slight

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modifications to the schedule, specifically, (1) to reschedule the Motion to Dismiss hearing to

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occur seven days later, and (2) to reschedule the deadline for completion of fact discovery to

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occur four days, as set forth below:
Request to Move Motion to Dismiss Hearing Date to April 21, 2016 (one week):

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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WHEREAS, Defendant filed a Motion to Dismiss the First Amended Complaint or

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Alternatively Motion to Strike, and set the hearing for April 14, 2016 (ECF 40);

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WHEREAS, Defendant’s lead counsel is traveling on April 14, and the Parties are
completing discovery and scheduling depositions throughout the month of April;

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WHEREAS, the Parties stipulate for the convenience of the Parties to move the hearing
one week, from April 14, 2016, to Thursday, April 21, 2016;

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WHEREAS, the Court does not require the Parties to reserve a hearing date;

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WHEREAS, according to Hon. Gilliam’s scheduling calendar, the Court’s calendar

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appears to currently have three (3) scheduled hearings on April 21, 2016 (not including this

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hearing); and appears to currently have five (5) scheduled hearings on April 14, 2016 (including

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this hearing); 1

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WHEREAS, this request is made no later than fourteen (14) days prior to the hearing
date, pursuant to L.R. 6-1(b);

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Request to Move Close of Discovery to April 22, 2016 (4 days):

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WHEREAS, the deadline for completion of fact discovery is currently set for Monday,

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April 18, 2016 (ECF 33);

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WHEREAS, the Parties stipulate to move the deadline for the completion of fact
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Calendar for Judge Haywood S. Gilliam Jr.: http://12.130.78.145/CEO/cfd.aspx?7151
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PARTIES’ JOINT STIPULATION TO MODIFY DATES

Case No. 3:15-cv-01849-HSG

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discovery for four days to Friday, April 22, 2016;
WHEREAS, Plaintiff’s counsel – located in Los Angeles – intends to be in the San

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Francisco area for depositions and the hearing on the Motion to Dismiss at least several days

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during the week of April 18-22, 2016;

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WHEREAS, this request is made no later than fourteen (14) days prior to the hearing
date, pursuant to L.R. 6-1(b);
WHEREAS, the only previous time modifications in this case related to the extension of

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time for two weeks to complete the Early Neutral Evaluation Conference (ECF 26), and a ten-

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day extension of time for the filing of the motion to dismiss (ECF 38).

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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WHEREAS, the Parties do not believe that either of these modifications will have any
adverse impact on the Court’s calendar.

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Dated: March 30, 2016

GORDON & REES LLP
By:

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Dated: March 30, 2016

/s/ Robert P. Andris
Robert P. Andris (SBN: 130290)
Michael D. Kanach (SBN: 271215)
Attorneys for Defendant,
ORGANIC SPICES, INC.

MEYLAN DAVITT JAIN
AREVIAN & KIM LLP
By:

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/s/ Robert L. Meylan
Robert L. Meylan, Esq.
Shaunt T. Arevian, Esq.
Attorneys for Plaintiff
and Counter-Defendant,
MORTON & BASSETT, LLC

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-3PARTIES’ JOINT STIPULATION TO MODIFY DATES

Case No. 3:15-cv-01849-HSG

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ORDER
Having reviewed the Parties’ Joint Stipulation to Modify the Schedule, and good cause

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appearing therefore, IT IS HEREBY ORDERED. The parties' stipulation is granted. The

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hearing for Defendant’s Motion to Dismiss the First Amended Complaint will take place on

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April 21, 2016. The new deadline for the completion of fact discovery will be April 22, 2016.

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Dated: March 3, 2016

_________________________________
Honorable Haywood S. Gilliam, Jr.
United States District Judge

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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-4PARTIES’ JOINT STIPULATION TO MODIFY DATES

Case No. 3:15-cv-01849-HSG