Stark et al v. Diageo Chateau & Estate Wines Company

Filing 24

ORDER RE OSC WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED The Order to Show Cause re Preliminary Injunction Hearing set for 9/19/2012 09:00 AM. Signed by Judge Yvonne Gonzalez Rogers on 8/28/12. (fs, COURT STAFF) (Filed on 8/28/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTIAN STARK and STARK WINE LLC,
Plaintiffs,

ORDER RE OSC WHY A
PRELIMINARY INJUNCTION SHOULD
NOT BE ISSUED

vs.

DIAGEO CHATEAU & ESTATE WINES
11 COMPANY, a California corporation,
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Case No.: 12-CV-04385 YGR

Defendant.

Date:
September 19, 2012
Time: 9:00 a.m.
Courtroom 5

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ORDER

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On August 24, 2012, after telephonic conference calls with Steven K. Barentzen, Law

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Office of Steven K. Barenzten, Ronald L. Richman, Bullivant Houser Bailey, PC., counsel for

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Plaintiffs and Brendan O’Rourke and Robert Horn, Proskauer Rose, LLP, counsel for

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Defendant:

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IT IS HEREBY ORDERED that Plaintiffs’ ex parte application for a temporary restraining

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order is DENIED and that Plaintiffs’ ex parte application for an Order to Show Cause why a

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preliminary injunction should not be issued is GRANTED.

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IT IS FURTHER ORDERED that the Order To Show Cause re Preliminary Injunction

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(“OSC re Preliminary Injunction”) shall be heard at 9:00 a.m. on September 19, 2012 in

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Courtroom 5, Second Floor. In conjunction with the OSC re Preliminary Injunction, the parties

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are to comply with the following briefing and discovery schedule:

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

Each party is allowed up to five (5) hours, maximum, to conduct a 30(b)(6)

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deposition of the opposing party. The 30(b)(6) depositions are to be completed

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on or before August 31, 2012. In the event the parties run into any difficulty
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ORDER RE HEARING ON OSC FOR PRELIMINARY INJUNCTION

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scheduling the 30(b)(6) depositions they should contact the Court concerning

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relief from this part of the schedule;

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

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Documents to be produced in advance of formal discovery shall be provided to
the other side in advance of the respective 30(b)(6) depositions;

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On or before 12 p.m. PDT on September 7, 2012, the parties are to exchange and

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file with this Court a Notice of Witnesses identifying any witness to be called to

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testify at the OSC re Preliminary Injunction as well as a synopsis of the expected

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testimony;

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

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On or before September 7, 2012, Defendant shall file and serve its Opposition to
the OSC re Preliminary Injunction;



On or before September 10, 2012 the parties are to exchange and file with this

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Court a Notice of Rebuttal Witnesses identifying any rebuttal witnesses and

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providing a synopsis of the expected testimony from any rebuttal witness; and

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

On or before September 14, 2012, Plaintiffs shall file and serve their Reply to the
OSC re Preliminary Injunction.

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IT IS SO ORDERED.

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DATED: August 28, 2012

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___________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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ORDER RE HEARING ON OSC FOR PRELIMINARY INJUNCTION