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)

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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 21 ~ ._; ·r ~ ~L -::;, Co) CfJ 22 REDWOOD HILL FARM & CREAMERY, INC. 23 Plaintiff, 24 v. 25 BARRY-WEHMILLER DESIGN 26 GROUP, INC., STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER RELATED DEADLINES Hon. Jon S. Tigar Defendant. 27 28 Case No. 3: 16-cv-03200-JST 83726483vl -1- Case No. 3:16-cv-03200-JST STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER RELATED DEADLINES I 0150\00 I I7809230.v2 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. 23 24 " ~ ;..) 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 ·r 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 fc '-' v en 28 83726483vl -2- Case No. 3:16-cv-03200-JST STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER RELATED DEADLINES I0150100 I17809230.v2 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: 18 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; 21 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 24 ~ ', . '-' ·r ~ Cf_., ~ _,', "'"" 3. Compliance with the procedures under Civil Local Rule 16-8 and ADR 25 Local Rule 3-5 shall be governed by the date of the continued Case 26 Management Conference. 27 -....; en 28 83726483vl -3- Case No.3: 16-cv-03200-JST STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER RELATED DEADLINES I 0150100 II7809230,v2 1 IT IS SO STIPULATED: 2 3 DATED: August 30,2016 SEDGWICK LLP 4 5 By: 6 7 8 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 A H 26 LI 25 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 22 28 S DISTRICT TE C TA RT U O 21 DATED: S 20 IT IS FURTHERED ORDERED that the Case Management Conference be UNIT ED 19 N D IS T IC T R OF C -4Case No. 3: 16-cv-03200-JST STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER RELATED DEADLINES 83726483v I I 0150\00 I I7809230.v2 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. 15 16 17 18 19 20 21 22 23 24 ~ ~' -..; 25 ·r 26 ..,.... -..; 27 en 28 ~ cs._ ~ 83726483v1 -5- Case No. 3:16-cv-03200-JST STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND OTHER RELATED DEADLINES 101501001 \7809230.v2

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