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

Filing 72

ORDER granting 71 STIPULATION TO 1) CONTINUE HEARING MOTION TO CERTIFY OCTOBER 18, 2016 ORDER FOR INTERLOCUTORY APPEAL AND 2) CONTINUE CASE MANAGEMENT CONFERENCE. Reset Deadlines as 62 MOTION: Responses due by 5/17/2017. Replies due by 5/24/2 017. Motion Hearing set for 6/7/2017. Case Management Statement due by 5/31/2017. Case Management Conference continued to 6/7/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 05/10/2017. (jmdS, COURT STAFF) (Filed on 5/10/2017)

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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.,
v.

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,

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 May 24, 2017;

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WHEREAS the Court has set a Case Management Conference for May 24,
2017 pursuant to stipulated order filed on April 10, 2017 (Docket No. 70);
WHEREAS Aqua Dynamics Systems, Inc. (“ADSI”) and LS&Co. have agreed

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to further postpone the Case Management Conference and hearing and briefs on the

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Motion due to scheduling conflict on the part of ADSI's attorney;

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO

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IT IS HEREBY STIPULATED and agreed between the parties as follows:
1. The Case Management Conference currently scheduled for May 24, 2017
be continued to May 31, 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 31, 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:
 Opposition due

May 17, 2017

 Reply due

May 24, 2017

 Hearing

May 31, 2017.

DATED: May 8 , 2017

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

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HANSON BRIDGETT

DATED: May 8 , 2017

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.
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:
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 May 24, 2017 to June 7,

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2017; ADSI’s opposition brief shall be due May 17, 2017; LS&Co.’s reply

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brief shall be due on May 24, 2017;
2. The Case Management Conference is continued from May 24, 2017 to June

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7, 2017 at 2:00 p.m. in Courtroom 2, 17th Floor, 450 Golden Gate Avenue,

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San Francisco, CA 94102;
IT IS SO ORDERED.

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DATED:

May 10, 2017

Judge William H. Orrick

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STIPULATION AND ORDER

CASE NO.: 15-CV-04718-WHO