Daylight Foods, Inc. v. KNB Restaurants,Inc. t/a Pluto's et al

Filing 21

STIPULATION AND ORDER RE 20 to Continue Case Deadlines. Signed by Judge Richard Seeborg on 6/14/18. (cl, COURT STAFF) (Filed on 6/14/2018)

1 JAMIE L. DUPREE (SBN: 158105)
JAIME G. TOUCHSTONE (SBN: 233187)
2 FUTTERMAN DUPREE DODD CROLEY MAIER LLP
601 Montgomery Street, Suite 333
3 San Francisco, CA 94111
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Defendants
KNB RESTAURANTS, INC., LOUIS C. KIMBALL
7 and GERALD A. BUGAS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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12 DAYLIGHT FOODS, INC.,

Case No. 3:18-cv-03162-RS

Plaintiff,

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NOTICE OF SETTLEMENT,
STIPULATION TO CONTINUE CASE
DEADLINES, AND [PROPOSED] ORDER

14 KNB RESTAURANTS, INC. t/a PLUTO’S,
LOUIS C. KIMBALL and GERALD A.
15 BUGAS,

Complaint Filed: May 29, 2018

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Defendants.

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The parties in this action have reached a settlement in principal and anticipate entering
into a settlement agreement through which the case will be dismissed or judgment entered before
July 31, 2018.
Defendants’ opposition to the request for preliminary relief is due June 18, 2018.
Defendants’ response to the complaint is due June 19, 2018.
A hearing on Plaintiff’s request for preliminary relief is set for Friday, June 22, 2018, at
10:00 a.m.
In light of the pending settlement, and to avoid unnecessary legal fees and costs, the
parties agree that the Friday, June 22, 2018 hearing be taken off calendar, and all other case
deadlines be stayed until July 31, 2018, by which date, the parties anticipate having filed a

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FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

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NOT. OF SETTLEMENT, STIP. RE STAYING CASE DEADLINES AND [PROPOSED] ORDER
CASE NO. 3:18-cv-03162-RS

1 stipulation of dismissal or a stipulated judgment. If settlement has not been consummated by July
2 31, 2018, the parties will notify the Court accordingly.
STIPULATION

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The parties, by and through their counsel of record, hereby stipulate and agree that the

5 Friday, June 22, 2018 hearing be taken off calendar, and all other case deadlines be stayed until
6 July 31, 2018.
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The parties further stipulate and agree that by July 31, 2018, they will file a stipulation of

8 dismissal, a stipulated judgment, or notify the Court that the settlement has not been
9 consummated.
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IT IS SO STIPULATED.

11 Dated: June 14, 2018
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FUTTERMAN DUPREE DODD
CROLEY MAIER LLP
By:

/s/ Jamie L. Dupree
Jamie L. Dupree
Attorneys for Defendants
KNB RESTAURANTS, INC., LOUIS C.
KIMBALL and GERALD A. BUGAS

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17 Dated: June 14, 2018
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By:

/s/ Jennifer A. Niles
Jennifer A. Niles
Attorneys for Plaintiff
DAYLIGHT FOODS, INC.

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ATTESTATION

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LAW OFFICE OF MARION
QUESENBERY

I, Jamie L. Dupree, hereby attest that concurrence in the filing of this Stipulation has been

24 obtained from all counsel with conformed signatures above.
25 Dated: June 14, 2018
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FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

/s/ Jamie L. Dupree
Jamie L. Dupree
FUTTERMAN DUPREE DODD CROLEY
MAIER LLP
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NOT. OF SETTLEMENT, STIP. RE STAYING CASE DEADLINES AND [PROPOSED] ORDER
CASE NO. 3:18-cv-03162-RS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 6/14/18
Honorable Richard Seeborg
Judge of the United States District Court
Northern District of California

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FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

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NOT. OF SETTLEMENT, STIP. RE STAYING CASE DEADLINES AND [PROPOSED] ORDER
CASE NO. 3:18-cv-03162-RS