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

Filing 36

ORDER granting 35 Stipulation to Extend Deadline for Settlement Conference filed by Ice Cream Distributors of Evansville, LLC, Dreyer's Grand Ice Cream, Inc.. Signed by Judge Claudia Wilken on 8/26/2010. (cp, COURT STAFF) (Filed on 8/26/2010)

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Dreyer's Grand Ice Cream, Inc. v. Ice Cream Distributors of Evansville, LLC et al Doc. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TOWNSEND AND TOWNSEND AND CREW LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) ROBERT D. TADLOCK (State Bar No. 238479) Two Embarcadero Center Eighth Floor San Francisco, CA 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Email: jggilliland@townsend.com rdtadlock@townsend.com IRIS SOCKEL MITRAKOS (State Bar No. 190162) 12730 High Bluff Drive, Suite 400 San Diego, California 92130 Telephone: (858) 350-6100 Facsimile: (858) 350-6111 Email: ismitrakos@townsend.com Attorneys for: DREYER'S GRAND ICE CREAM, INC., DREYER'S GRAND ICE CREAM HOLDINGS, INC., and EDY'S GRAND ICE CREAM, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ICE CREAM DISTRIBUTORS OF EVANSVILLE, LLC, Plaintiffs, v. DREYER'S GRAND ICE CREAM, INC., a corporation, DREYER'S GRAND ICE CREAM HOLDINGS, INC., a corporation, EDY'S GRAND ICE CREAM, INC., a corporation, RANDY STATHERS, an individual, and DOES 1 to 20, inclusive, Defendants. DREYER'S GRAND ICE CREAM, INC. a Delaware corporation, Plaintiff, v. ICE CREAM DISTRIBUTORS OF EVANSVILLE, LLC, a Kentucky limited liability company, and SPIN CITY HOLDINGS, an Indiana limited liability company, Defendants. STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR SETTLEMENT CONFERENCE CASE NO. 10-00417 CW Case No. C09-5815-CW(LB) STIPULATION AND ORDER TO EXTEND DEADLINE FOR SETTLEMENT CONFERENCE Complaint Filed: 12/11/09 Date: September 8, 2010 Time: 10:30 a.m. Dept: Courtroom 2, Fourth Floor Case No. 10-00317 CW(LB) Complaint Filed: January 22, 2010 Date: April 13, 2010 Time: 10:30 a.m. Dept: Courtroom 2, Fourth Floor -1Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to ADR Civil L.R. 7-4 and Civil L.R. 6-2 and 7-12, Dreyer's Grand Ice Cream, Inc., Dreyer's Grand Ice Cream Holdings, Inc., Edy's Grand Ice Cream, Inc. (collectively "Dreyer's") and Ice Cream Distributors of Evansville, LLC and Spin City Holdings, (collectively "ICD") hereby stipulate and request an Order to continue the Settlement Conference scheduled for September 8, 2010 at 10:30 a.m. until a date after the Court rules on Dreyer's Motion to Dismiss ICD's Second Amended Complaint ("Dreyer's Motion") in Civil Action No. C09-5815-CW. STIPULATION WHEREAS the Court has scheduled a settlement conference in the above-entitled actions for September 8, 2010 at 10:30 a.m.; WHEREAS the parties' have just completed briefing on Dreyer's Motion; WHEREAS the Court will not likely rule on Dreyer's Motion before September 8, 2010; WHEREAS the parties believe a settlement conference before the Court rules on Dreyer's Motion will not be productive since the parties will not know what claims remain in the case; WHEREAS the only time modifications in the case have been rescheduling the settlement conference from 11:00 a.m. on September 8, 2010 to 10:30 a.m. on that same date; WHEREAS this stipulation will not have any other effect on the schedule for the aboveentitled cases; ACCORDINGLY Dreyer's and ICD stipulate and request an Order continuing the currently scheduled Settlement Conference until after the Court rules on Dreyer's Motion to Dismiss. DATED: August 24, 2010 Respectfully submitted, TOWNSEND AND TOWNSEND AND CREW LLP By: /s/ Robert D. Tadlock ROBERT D. TADLOCK Attorneys for: DREYER'S GRAND ICE CREAM, INC., DREYER'S GRAND ICE CREAM HOLDINGS, INC., and EDY'S GRAND ICE CREAM, INC., STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR SETTLEMENT CONFERENCE CASE NO. 10-00417 CW -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 DATED: August 24, 2010 BRACAMONTES & VLASAK, P.C. By: /s/ Michael R. Bracamontes MICHAEL R. BRACAMONTES Attorneys for: ICE CREAM DISTRIBUTORS OF EVANSVILLE, LLC ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 8/26/2010 __________________________________ Hon. Claudia Wilken U.S. District Court Judge 62842112 v1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR SETTLEMENT CONFERENCE CASE NO. 10-00417 CW -3-

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