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

Filing 70

ORDER granting 69 STIPULATION to Continue CMC and Deadline/Hearing on Motion to Certify. Reply due by 5/17/2017. Motion Hearing and Case Management Conference set for 5/24/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (Case Management Statement due 5/17/2017.) Signed by Judge William H. Orrick on 04/10/2017. (jmdS, COURT STAFF) (Filed on 4/10/2017)

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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 14 15 16 Case No. 15-cv-04718-WHO LEVI STRAUSS & CO., 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. AQUA DYNAMICS SYSTEMS, INC., Defendant. 17 Judge: 18 19 20 21 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 22 Motion to Certify the Order for Interlocutory Appeal (“Motion”) (Docket No. 62) and 23 that Motion is scheduled to be heard April 26, 2017; 24 25 26 27 WHEREAS the Court has set a Case Management Conference for April 26, 2017 pursuant to stipulated order filed on January 19, 2017 (Docket No. 68); WHEREAS Aqua Dynamics Systems, Inc. (“ADSI”) and LS&Co. have agreed to further postpone the Case Management Conference and hearing and briefs on the 28 30 31 32 1 STIPULATION AND ORDER CASE NO.: 15-CV-04718-WHO 1 2 Motion and so that the parties may focus their attention on resolving this matter through a formal mediation that is scheduled for May 2, 2017; 3 4 5 6 7 8 9 10 11 12 13 IT IS HEREBY STIPULATED and agreed between the parties as follows: 1. The Case Management Conference currently scheduled for April 26, 2017 be continued to May 24, 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 May 24, 2017 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: 14  Opposition due May 10, 2017 15  Reply due May 17, 2017 16  Hearing May 24, 2017. 17 18 DATED: April 6 , 2017 19 By: /s/ Robert A. McFarlane Robert A. McFarlane Attorneys for Plaintiff LEVI STRAUSS & CO. 20 21 22 DATED: April 6 , 2017 23 24 25 HANSON BRIDGETT MORRIS POLICH & PURDY LLP By: /s/ Timothy M. Flaherty Timothy M. Flaherty Attorneys for Defendant AQUA DYNAMICS SYSTEMS, INC. 26 27 28 30 31 32 2 STIPULATION AND ORDER CASE NO.: 15-CV-04718-WHO 1 2 3 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. 4 MORRIS POLICH & PURDY LLP 5 6 By: /s/ Timothy M. Flaherty Timothy M. Flaherty 7 8 ORDER 9 The court having considered the Stipulation of the parties and good cause 10 11 appearing, orders as follows: 12 1. The hearing on LS&Co.’s Motion to certify the October 18, 2016 Order for 13 Interlocutory Appeal shall be continued from April 26, 2017 to May 24, 14 2017; ADSI’s opposition brief shall be due May 10, 2017; LS&Co.’s reply 15 brief shall be due on May 17, 2017; 16 2. The Case Management Conference is continued from April 26, 2017 to 17 May 24, 2017 at 2:00 p.m. in Courtroom 2, 17th Floor, 450 Golden Gate 18 Avenue, San Francisco, CA 94102; IT IS SO ORDERED. 19 20 21 DATED: April 10, 2017 Judge William H. Orrick 22 23 24 25 26 27 28 30 31 32 3 STIPULATION AND ORDER CASE NO.: 15-CV-04718-WHO

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