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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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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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.

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Judge:

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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

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Motion to Certify the Order for Interlocutory Appeal (“Motion”) (Docket No. 62) and

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that Motion is scheduled to be heard April 26, 2017;

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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

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO

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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;

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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:

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 Opposition due

May 10, 2017

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 Reply due

May 17, 2017

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 Hearing

May 24, 2017.

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DATED: April 6 , 2017

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

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DATED: April 6 , 2017
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HANSON BRIDGETT

MORRIS POLICH & PURDY LLP
By: /s/ Timothy M. Flaherty
Timothy M. Flaherty
Attorneys for Defendant AQUA DYNAMICS
SYSTEMS, INC.

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO

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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.

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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. The hearing on LS&Co.’s Motion to certify the October 18, 2016 Order for

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Interlocutory Appeal shall be continued from April 26, 2017 to May 24,

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2017; ADSI’s opposition brief shall be due May 10, 2017; LS&Co.’s reply

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brief shall be due on May 17, 2017;

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2. The Case Management Conference is continued from April 26, 2017 to

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May 24, 2017 at 2:00 p.m. in Courtroom 2, 17th Floor, 450 Golden Gate

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Avenue, San Francisco, CA 94102;
IT IS SO ORDERED.

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DATED:

April 10, 2017

Judge William H. Orrick

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO