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

Filing 65

ORDER granting 64 Stipulation continuing deadlines as to 62 MOTION re 59 Order on Motion to Compel. Response due by 1/18/2017. Reply due by 1/25/2017. Motion Hearing continued to 2/1/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco be fore Hon. William H. Orrick. Case Management Conference continued to 2/1/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 1/25/2017. Signed by Judge William H. Orrick on 11/28/2016. (jmdS, COURT STAFF) (Filed on 11/28/2016)

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1 2 3 4 5 TIMOTHY M. FLAHERTY (SBN 99666) MORRIS POLICH & PURDY LLP One Embarcadero Center, Suite 400 San Francisco, California 94111 Telephone: (415) 984-8500 Facsimile: (415) 984-8599 TFlaherty@mpplaw.com Attorneys for Defendant AQUA DYNAMICS SYSTEMS, INC. 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 STIPULATION TO 1) CONTINUE HEARING MOTION TO CERTIFY OCTOBER 18, 2016 ORDER FOR INTERLOCUTORY APPEAL AND 2) CONTINUE CASE MANAGEMENT CONFERENCE; AND ORDER THEREON Plaintiff, v. 14 15 Case No. 15-cv-04718-WHO LEVI STRAUSS & CO., AQUA DYNAMICS SYSTEMS, INC., 16 Defendant. 17 Judge: 18 19 20 William H. Orrick WHEREAS on October 18, 2016, the Court entered its Order Granting Motion to Compel Arbitration (Docket No. 59) (“Order”); WHEREAS on November 11, 2016, Levi Strauss & Co. (“LS&Co.”) filed its 21 22 Motion to Certify the Order for Interlocutory Appeal (“Motion”) (Docket No. 62) and 23 that Motion is scheduled to be heard December 21, 2016; 24 25 WHEREAS the Court has set a Case Management Conference for December 21, 2016; WHEREAS Aqua Dynamics Systems, Inc. (“ADSI”) and LS&Co. have agreed 26 27 to postpone the Case Management Conference and hearing and briefs on the Motion and 28 allow the parties to first meet and discuss settlement; 30 I135188 31 32 1 STIPULATION AND ORDER CASE NO.: 15-CV-04718-WHO 1 2 3 4 5 6 7 8 9 10 11 IT IS HEREBY STIPULATED and agreed between the parties as follows: 1. The Case Management Conference currently scheduled for December 21, 2016 be continued to February 1, 2017 at 2:00 p.m.; 2. The hearing on the Motion of LS&Co. to Certify the October 18, 2016 Order for Interlocutory Appeal is continued to February 1, 2016 at 2:00 p.m. ADSI shall not use the extension period as the basis for any argument in this or any other matter pending between the parties that LS&Co.'s motion to certify is untimely and shall not take any steps to re-commence the arbitration during the extension period. The briefing and hearing schedule on LS&Co.'s motion to certify shall be as follows: 12  Opposition due January 18, 2017 13  Reply due January 25, 2017 14  Hearing February 1, 2017. 15 16 HANSON BRIDGETT DATED: November 23, 2016 17 By: /s/Robert A. McFarlane Robert A. McFarlane Attorneys for Plaintiff LEVI STRAUSS & CO. 18 19 20 MORRIS POLICH & PURDY LLP DATED: November 23, 2016 21 22 23 By: /s/Timothy M. Flaherty Timothy M. Flaherty Attorneys for Defendant AQUA DYNAMICS SYSTEMS, INC. 24 25 26 27 Pursuant to Local Rule 5-1(i)(1)-(3), Timothy M. Flaherty hereby attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing of this document. 28 30 31 32 2 STIPULATION AND ORDER CASE NO.: 15-CV-04718-WHO 1 MORRIS POLICH & PURDY LLP 2 3 By: /s/Timothy M. Flaherty Timothy M. Flaherty 4 5 ORDER 6 7 8 9 The court having considered the Stipulation of the parties and good cause appearing, orders as follows: 1. The hearing on LS&Co.’s Motion to certify the October 18, 2016 Order for 10 Interlocutory Appeal shall be continued from December 21, 2016 to 11 February 1, 2017; ADSI’s opposition brief shall be due January 18, 2017; 12 LS&Co.’s reply brief shall be due on January 25, 2017; 13 2. The Case Management Conference is continued from December 21, 2016 14 to February 1, 2017 at 2:00 p.m. in Courtroom 2, 17th Floor, 450 Golden 15 Gate Avenue, San Francisco, CA 94102; 16 IT IS SO ORDERED. 17 18 DATED: November 28, 2016 Judge William H. Orrick 19 20 21 22 23 24 25 26 27 28 30 31 32 3 STIPULATION AND ORDER CASE NO.: 15-CV-04718-WHO

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