Dreyer's Grand Ice Cream, Inc. et al v. Ice Cream Distributors of Evansville

Filing 59

ORDER ENTERING DEFAULT AND COMPELLING ARBITRATION.. Signed by Judge Claudia Wilken on 12/12/08. (scc, COURT STAFF) (Filed on 12/12/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ICE CREAM DISTRIBUTORS OF EVANSVILLE, LLC, Respondent. / DREYER'S GRAND ICE CREAM, INC., a Delaware corporation, and EDY'S GRAND ICE CREAM, a California corporation, Petitioners, No. C 07-00140 CW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ORDER ENTERING DEFAULT AND COMPELLING ARBITRATION

On November 4, 2008, the Court issued an Order Granting Withdrawal of Counsel for Plaintiff, wherein the Court set a case management conference for December 2, 2008, and by that date Ice Cream Distributors of Evansville ("ICD") was to be represented by counsel or case no. 07-05060 would be dismissed. The case

management conference was held on December 2, 2008, and ICD was not represented by counsel. Accordingly, the Court dismissed the case.

In addition, because ICD did not appear in the above-mentioned case through counsel, as ordered, on December 2 and a corporation cannot appear through a non-lawyer, United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993), ICD is in default in this case. The Court directs the clerk to enter default against

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ICD in case no. 07-00140.

All of the facts plead in the petition Geddes

are therefore taken as true except any relating to damages. v. United Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977).

All facts

previously considered disputed in the order on the motion to compel arbitration are resolved in favor of Dreyer's Grand Ice Cream, Inc. and Edy's Grand Ice Cream. Therefore, the Court compels the

parties to arbitrate their dispute within ninety days of this Order. award. The Court retains jurisdiction to enforce the arbitration A case management conference will be heard on April 14,

2009 at 2:00 p.m.

IT IS SO ORDERED.

Dated: 12/12/08

CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 12, 2008

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DREYER'S GRAND ICE CREAM, INC. et al, Plaintiff, v. ICE CREAM DISTRIBUTORS EVANSVILLE et al, Defendant. / OF

Case Number: CV07-00140 CW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 12, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Mr. David W. Garrett - President Ice Cream Distributors of Evansville, Inc. 10430 Driver Drive Evansville, Indiana 47725

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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