Levi Strauss & Co., v. Aqua Dynamics Systems, Inc.

Filing 25

STIPULATION TO 1) CONTINUE CASE MANAGEMENT CONFERENCE AND RULE 26 DISCLOSURES 2) EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT 3) WITHDRAW PENDING MOTION TO DISMISS; AND ORDER THEREON re 24 STIPULATION WITH PROPOSED ORDER TO CONTINUE CA SE MANAGEMENT CONFERENCE, EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT - Case Management Conference set for 5/10/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco (Case Management Statement due by 5/3/2016). Motion Hearing (as to Motion to Dismiss Amended Complaint to be filed 2/19/2016) set for 3/30/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 01/22/2016. (jmdS, COURT STAFF) (Filed on 1/22/2016)

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TIMOTHY M. FLAHERTY (SBN 99666)
MORRIS POLICH & PURDY LLP
One Embarcadero Center, Suite 400
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
AQUA DYNAMICS SYSTEMS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION TO 1) CONTINUE CASE
MANAGEMENT CONFERENCE AND
RULE 26 DISCLOSURES 2) EXTEND
TIME TO RESPOND TO FIRST
AMENDED COMPLAINT 3)
WITHDRAW PENDING MOTION TO
DISMISS; AND ORDER THEREON

Plaintiff,
v.

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Case No. 15-cv-04718-WHO

LEVI STRAUSS & CO.,

AQUA DYNAMICS SYSTEMS, INC.,

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Defendant.

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Judge:

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WHEREAS Aqua Dynamics Systems, Inc. (“Aqua Dynamics”) and Levi
Strauss & Co. (“Levi’s”) entered into a stipulation to extend time for Aqua Dynamics to
respond to the complaint and the Court entered its order thereon dated December 7, 2015;
(Docket No. 13).
WHEREAS Aqua Dynamics has filed a motion to dismiss Levi’s complaint or

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in the alternative stay the action pending arbitration and that motion is scheduled to be
heard on February 10, 2016 (Docket No. 14);
WHEREAS Levi’s filed a First Amended Complaint on January 4, 2016

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William H. Orrick

(Docket No. 22);
I135188

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO

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WHEREAS Levi’s filed opposition to the Motion to Dismiss but Aqua
Dynamics has not yet filed its reply to that opposition (Docket No. 23);
WHEREAS, Aqua Dynamics contends this court does not have subject matter
jurisdiction of the First Amended Complaint or this Action and intends to file a Motion to
Dismiss the First Amended Complaint and the parties desire to enter into a stipulation
setting forth a briefing schedule and hearing date for that motion;
WHEREAS, the parties previously stipulated to continue the Case
Management Conference and Rule 26 Disclosures to dates after the Court ruled on a
Motion to Dismiss and desire to do so again (Docket No. 20);
WHEREAS, in order to conserve client and court resources pending Aqua
Dynamics’ motion to dismiss the First Amended Complaint, the parties wish to continue
the status conference scheduled for March 1, 2016 and continue the deadlines relating to
Rule 26(f) conference and ADR disclosures;
IT IS HEREBY STIPULATED and agreed between the parties as follows:
1. The motion of Aqua Dynamics to dismiss the complaint set for hearing on
February 10, 2016 is withdrawn. The parties have met and conferred and
agree to a briefing schedule on any motion filed by Aqua Dynamics in
response to the First Amended Complaint as follows:

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 Motion filing

February 19, 2016

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 Opposition due

March 4, 2016

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 Reply due

March 11, 2016

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 Hearing

March 30, 2016

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2. The Case Management Conference currently scheduled for March 1, 2016
be continued to May 10, 2016 at 2:00 p.m.;
3. The Rule 26(f) conference and ADR certification is continued to April 14,
2016;

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO

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4. The initial disclosures will be exchanged between the parties on April 28,
2016;
Nothing in this stipulation affects LS&Co.'s ability to seek provisional relief in
this matter, and neither party shall use this extension period as the basis for any argument
in this or any other matter pending between the parties.

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DATED: January 21, 2016

HANSON BRIDGETT

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By: /s/Robert A. McFarlane
Robert A. McFarlane
Attorneys for Plaintiff
LEVI STRAUSS & CO.

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DATED: January 21, 2016

MORRIS POLICH & PURDY LLP

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By: /s/Timothy M. Flaherty
Timothy M. Flaherty
Attorneys appearing specially for Defendant
AQUA DYNAMICS SYSTEMS, INC.

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Pursuant to Local Rule 5-1(i)(1)-(3), Timothy M. Flaherty hereby attests that

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all other signatories listed, and on whose behalf the filing is submitted, concur in the

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filing’s content and have authorized the filing of this document.

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MORRIS POLICH & PURDY LLP
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By: /s/Timothy M. Flaherty
Timothy M. Flaherty

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ORDER

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The court having considered the Stipulation of the parties and good cause
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appearing, orders as follows:
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1. Aqua Dynamics Motion to Dismiss the First Amended Complaint shall be
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filed on or before February 19, 2016; Levi’s opposition brief shall be due

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO

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March 4, 2016; Aqua Dynamics’ reply brief shall be due on March 11,
2016;
2. Hearing on Motion to Dismiss the First Amended Complaint shall be
March 30, 2016 at 2:00 p.m.
3. The Case Management Conference is continued from March 1, 2016 to
May 10, 2016 at 2:00 p.m. in Courtroom 2, 17th Floor, 450 Golden Gate
Avenue, San Francisco, CA 94102;
4. Counsel will schedule a Rule 26(f) conference and file their ADR
certification on or before April 14, 2016;
5. The initial disclosures will be exchanged between the parties on April 28,
2016.
IT IS SO ORDERED.

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DATED: January 22, 2016
Judge William H. Orrick

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO