Sweet Earth, Inc. v. Sweet Earth Organic Chocolates, Inc.

Filing 18

MODIFIED ORDER CONTINUING HEARING ON MOTION FOR PRELIMINARY INJUNCTION TO AUGUST 14, 2012; AND SETTING COMPLIANCE CONFERENCE FOR AUGUST 10, 2012. Set/Reset Deadlines as to 8 MOTION for Preliminary Injunction .The 7/18/2012 Hearing date i s VACATED. Motion Hearing set for 8/14/2012 02:00 PM before Hon. Yvonne Gonzalez Rogers. Compliance Hearing is set for 8/10/2012 09:01 AM before Hon. Yvonne Gonzalez Rogers.. Signed by Judge Yvonne Gonzalez Rogers on 7/12/12. (fs, COURT STAFF) (Filed on 7/12/2012)

LEWIS BRISBOIS,BISGAARD & SMITH LLP
THOMAS S. KIDDE, SB# 61717
E-Mail: [e-mail]
JOSHUA S. HODAS, SB#250802
E-Mail: [e-mail]
221 North Figueroa Street, Suite 1200
Los Angeles, California 90012
Telephone: [phone]
Facsimile: 213.250.7900
Attorneys for Defendant Sweet Earth Organic
Chocolates, Inc.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

SWEET EARTH, INC.,
Plaintiff,
VS.

SWEET EARTH ORGANIC CHOCOLATES,
INC., AND DOES 1-10, inclusive

Civil Action No. 12-02659 YGR
MODIFIED ORDER CONTINUING
HEARING ON MOTION FOR
PRELIMINARY INJUNCTION TO
AUGUST 14, 2012; AND SETTING
COMPLIANCE CONFERENCE FOR
AUGUST 10, 2012

Defendants.

IT IS HEREBY STIPULATED by and between the parties hereto pursuant to Local Rule
7-12, and with the approval of this Court, that the hearing on the motion for preliminary
injunction, presently scheduled for July 18, 2012, be continued to August 14, 2012, based upon
the following:
WHEREAS, Plaintiff filed its complaint on May 31, 2012, and its motion for preliminary
injunction on June 11, 2012.
WHEREAS Defendant filed its Answer to the Complaint and its opposition to the motion
for preliminary injunction on June 25, 2012.
WHEREAS, the parties have since entered into negotiations to resolve the dispute
underlying the instant action and have exchanged and signed a settlement agreement to that effect,

LEWIS
BRISBUS

BISGAARD &
SMII1-1 UP
ATIORNEYS AT LAW

4849-2657-1792.1

CV 12-02659

YGR

[MODIFIED] ORDER GRANTING CONTINUANCE OF REARING ON MOTION FOR PRELIMINARY
INJUNCTION

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but Defendant requires additional time to fulfill one of the conditions for entry of a
dismissal.

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Accordingly, as the hearing on the motion for preliminary injunction is scheduled for July

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18, 2012 and the parties are unsure at this time if a dismissal can be filed prior to the hearing, the

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parties respectfully request that the hearing date be continued to August 14, 2012, or a date

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convenient for the Court's calendar thereafter, so as to allow for filing of the dismissal prior

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thereto.

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IT IS SO STIPULATED.

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11 DATED: July 11, 2012
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JEANNETTE K. WITTEN
GAVIN KOGAN
LINDSEY B.W. SAVAGE
PARRAVANO WITTEN PC

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By:

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/s/ Lindsey B.W. Savage
Lindsey B.W. Savage
Attorneys for Plaintiff Sweet Earth, Inc.

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DATED: July 11, 2012

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THOMAS S. KIDDE
JOSHUA S. HODAS
LEWIS BRISBOIS BISGAARD & SMITH UP

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By:

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/s/ Thomas S. Kidde
Thomas S. Kidde
Attorneys for Defendant
Organic Chocolates, Inc.

Sweet

Earth

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LEWIS
BRISBOIS
BISGAARD &
SM111-ILLP
ATTORNEYSAlLAW

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4849-2657-1792.1
4849-2657-1792,1

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CV 12-02659 YGR
[MODIFIED] ORDER GRANTING CONTINUANCE OF HEARING ON MOTION FOR PRELIMINARY
INJUNCTION

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2

ORDER

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GOOD CAUSE APPEARING, IT IS ORDERED that the hearing on Plaintiff's Motion for

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Preliminary Injunction, presently scheduled for July 18, 2012, be and is CONTINUED to August

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14, 2012 at 2:00 p.m.

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A Compliance Conference is scheduled for Friday, August 10, 2012 on the Court’s

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9:01a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California in a

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courtroom to be designated.

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Five (5) business days prior to the date of the compliance hearing, the parties shall file
either (a) a Stipulation of Dismissal; or (b) a one-page JOINT STATEMENT setting forth an
explanation regarding the failure to comply. If compliance is complete, the parties need not
appear and the Compliance Conference will be taken off calendar.
Telephonic appearances will be allowed if the parties have submitted a joint statement in a
timely fashion. Failure to do so may result in sanctions.

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IT IS SO ORDERED.
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Dated: July 12, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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LEWIS
BRISBOIS

BISGAARD &
SMITH LLP
ATTORNEYS AT LAW

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3
CV 12-02659 YGR
[M ODIFIED ] ORDER GRANTING CONTINUANCE OF HEARING ON MOTION FOR PRELIMINARY
INJUNCTION

4849-2657-1792.1