Redwood Hill Farm and Creamery, Inc. v. Barry-Wehmiller Design Group, Inc.
Filing
25
STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER RELATED DEADLINES filed by Barry-Wehmiller Design Group, Inc. Case Management Statement due by 11/7/2016. Initial Case Management Conference set for 11/16/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on September 6, 2016. (wsn, COURT STAFF) (Filed on 9/6/2016)
1 SEDGWICK LLP
JAMES P. DIWIK, (State BarNo. 164016)
2 james. diwik({i)sedpvicklaw. com
MARIA GIARDINA, (State Bar No. 104455)
3 maria.giardina({i)sedlnJfcklaw. com
ALEXANDER A. GUNEY (State Bar No. 308192)
4 alexander.guney@sedgwicklaw.com
333 Bush Street, jOth Floor
5 San Francisco, CA 94104-2834
Telephone: 415.781.7900
6 Facsimile: 415.781.2635
7 Attorneys for Defendant BARRYWEHMILLER DESIGN GROUP, INC.
8
SHARTSIS FRIESE LLP
9 JOEL ZELDIN (State Bar No. 51874)
jzeldin(a)sflaw .com
10 ROEY'Z. RAHMIL (State Bar No. 273803)
rrahmil@sflaw.com
11 One Mantime Plaza, Eighteenth Floor
San Francisco, CA 94111-3598
12 Telephone: (415) 421-6500
Facsimile: ( 415) 421-2922
13
AUNE & ASSOCIATES
14 Robert E. Aune (State Bar No. 60477)
raune@auneassociates.com
15 235 Pme Street, Suite 14 75
San Francisco, CA 941 04
16 Telephone: (415) 433-6400
Facsimile: ( 415) 651-9825
17
Attorneys for Plaintiff REDWOOD HILL
18 FARM & CREAMERY, INC.
19
UNITED STATES DISTRICT COURT
20
NORTHERN DISTRICT OF CALIFORNIA
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22 REDWOOD HILL FARM &
CREAMERY, INC.
23
Plaintiff,
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v.
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BARRY-WEHMILLER DESIGN
26 GROUP, INC.,
STIPULATION AND PROPOSED
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
AND OTHER RELATED
DEADLINES
Hon. Jon S. Tigar
Defendant.
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Case No. 3: 16-cv-03200-JST
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Case No. 3:16-cv-03200-JST
STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND
OTHER RELATED DEADLINES
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Plaintiff Redwood Hill Farm & Creamery, Inc. ("Plaintiff') and Defendant
2 Barry-Wehmiller Design Group, Inc. ("Defendant") (collectively, "the Parties")
3 petition this Court for an order by stipulation pursuant to Civil Local Rules 16-2( d)
4 and (e) and 6-2(a) to continue the Initial Case Management from September 21,
5 2016 to November 9, 2016 and to adjust related deadlines pending the Court's ruling
6 on Plaintiff's Motion to Remand and Defendant's Motion for More Definite
7 Statement.
8
Recitals
I.
9
On May 6, 2016, Plaintiff filed a complaint in the above-entitled action in the
10 Superior Court for the State of California, County of Sonoma ("Complaint").
11
On June 10, 2016, Defendant removed the action to the United States District
12 Court for the Northern District of California. (Docket No. 1)
13
On June 17, 2016, Defendant filed a Motion for More Definite Statement,
14 which is scheduled to be heard on September 22, 2016. (Docket Nos. 7 and 19)
15
One June 21, 2016, the Court set the Initial Case Management Conference on
16 September 21, 2016. (Docket No. 11)
On June 30, 2016, Plaintiff filed a Motion to Remand, which was scheduled
17
18 to be heard on August 25, 2016. (Docket Nos. 12 and 19)
On August 18, 2016, the Court vacated the August 25, 2016 hearing on
19
20 Plaintiff's Motion to Remand. (Docket No. 23)
The Parties have not sought any prior continuances of the Initial Case
21
22 Management Conference or related deadlines.
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Grounds for Stipulation
II.
The Parties have met and conferred and agree that a continuance of the
25 currently scheduled Initial Case Management Conference on September 21, 2016 to
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26 a date after the Court issues its rulings on the pending Motion to Remand and
...,.....
27 Motion for More Definitive Statement, which is presently scheduled to be heard on
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1 September 22, 2016, will permit more efficient case management, will serve the
2 interests of judicial economy and will conserve party resources.
3
Specifically, the rulings on the pending motions are determinative and will
4 govern further proceedings in this matter. A ruling as to the appropriate forum
5 raised by the Motion to Remand and a ruling on the certainty of the pleadings raised
6 by the Motion for More Definite Statement are necessary before the Parties may
7 engage in meaningful discussions required by Rule 26( f) and prepare a joint report
8 under Rule 16. Therefore, the Parties seek to continue the Initial Case Management
9 Conference and related deadlines pending the Court's rulings on said motions so
10 they may have sufficient time to fully comply with the requirements of Rule 16.
11
The Parties further agree that it is in the interests of efficient case
12 management to continue pending deadlines under Civil Local Rule 16.8 and ADR
13 Local Rule 3-5 to conform to the date of the continued Initial Case Management
14 Conference.
15
16
Ill.
Stipulation
Based on the foregoing, the Parties, by and through their respective counsel of
17 record, hereby stipulate and agree that:
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1. The September 21, 2016 Initial Case Management Conference shall be
19
continued to a date no earlier than November 9, 2106 or another date
20
thereafter that is convenient for this Court;
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2. The deadline for the parties to file a Case Management Statement shall be
22
seven (7) days prior to the date of the continued Initial Case Management
23
Conference; and
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3. Compliance with the procedures under Civil Local Rule 16-8 and ADR
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Local Rule 3-5 shall be governed by the date of the continued Case
26
Management Conference.
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Case No.3: 16-cv-03200-JST
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OTHER RELATED DEADLINES
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1
IT IS SO STIPULATED:
2
3 DATED: August 30,2016
SEDGWICK LLP
4
5
By:
6
7
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Is/ Maria J. Giardina
Maria J. Giardina
Attorneys for Defendant
BARRY-WEHMILLER DESIGN
GROUP, INC.
9
10 DATED: August 30, 2016
SHARTSIS FRIESE LLP
11
12
By:
13
14
15
Is/ Joel Zeldin
Joel Zeldin
Attorneys for Plaintiff
REDWOOD HILL FARM &
CREAMERY, INC.
16
17
PURSUANT TO STIPULATION, IT IS SO ORDERED
18
continued to November 16, 2016
23
24
RT
ER
27
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26
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FO
NO
R NIA
ERED
O ORD
IT IS S
THE HONORABLE JON S. TIGAR
United States District Judgegar
n S . Ti
J u d ge J o
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S DISTRICT
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21 DATED:
S
20
IT IS FURTHERED ORDERED that the Case Management Conference be
UNIT
ED
19
N
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OF
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OTHER RELATED DEADLINES
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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-l
1
2
I, Maria J. Giardina, attest that concurrence in the filing of this Stipulation to
3 Continue the Initial Case Management Conference and Other Pleading Deadlines
4 (L.R. 6-2(a)) has been obtained from the other signatory. I declare under penalty of
5 perjury under the laws of the United States of America that the foregoing is true and
6 correct.
7
Executed this 30 111 day of August, 2016, in San Francisco, California.
8
SEDGWICK LLP
9
10
11
By:
12
13
14
Is/ Maria J Giardina
Maria J. Giardina
Attorneys for Defendant
BARRY-WEHMILLER DESIGN
GROUP, INC.
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Case No. 3:16-cv-03200-JST
STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND
OTHER RELATED DEADLINES
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