Utility Supply, Inc. v. Seal for Life Industries, LLC et al

Filing 34

STIPULATION AND ORDER re 33 . STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE IN VIEW OF SETTLEMENT filed by Utility Supply, Inc., Berry Global, Inc., Seal for Life Industries, LLC. Initial Case Management Conference set for 12/14/2017 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 11/13/17. (sisS, COURT STAFF) (Filed on 11/13/2017)

1
2
3
4
5
6

EILEEN R. RIDLEY, CA Bar No. 151735
[e-mail]
ALAN R. OUELLETTE, CA Bar No. 272745
[e-mail]
ANTHONY JAMES DUTRA, CA Bar No. 277706
[e-mail]
FOLEY & LARDNER LLP
555 CALIFORNIA STREET
SUITE 1700
SAN FRANCISCO, CA 94104-1520
TELEPHONE: [phone]
FACSIMILE: 415.434.4507

7
8
9

Attorneys for Defendants SEAL FOR LIFE
INDUSTRIES, LLC, and BERRY
GLOBAL, INC., f/k/a BERRY PLASTICS,
INC.

10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
13
UTILITY SUPPLY, INC., f/k/a UMAC, INC.,
14
Plaintiff,
15
vs.
16
SEAL FOR LIFE INDUSTRIES, LLC, and
17 BERRY GLOBAL, INC., f/k/a BERRY
PLASTICS, INC.,
18
Defendants.
19
20

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 3:17-CV-02332
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE IN VIEW
OF SETTLEMENT AND [PROPOSED]
ORDER

21
22
23
24
25
26
27
28
STIP. TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
Case No. 3:17-CV-02332

1

Pursuant to the Court’s Order Continuing Case Management Conference In View Of Settlement

2

(Dkt. 31), Defendants Seal for Life Industries, LLC and Berry Global, Inc. (“Defendants”), on the one

3

hand, and Plaintiff Utility Supply, Inc. (“Plaintiff”), on the other, hereby stipulate, by and through their

4

respective counsel of record, as follows:

5

RECITALS

6

WHEREAS, the Complaint in this action was filed on April 25, 2017;

7

WHEREAS, the Parties settled this action in principle and filed a Notice of Settlement on

8
9
10

September 14, 2017 (Dkt. 30);
WHEREAS, in light of the settlement in principle, the Court continued the Case Management
Conference from August 17, 2017 to November 16, 2017 (Dkt. 31);

11

WHEREAS, the Court’s Order Continuing Case Management Conference In View Of Settlement

12

(Dkt. 31) provides that, “[s]hould the settlement not be finalized by then, the parties shall jointly request

13

one further continuance or shall appear at the conference”;

14
15
16
17
18

WHEREAS, the Parties had reached an impasse regarding certain terms of their written
settlement agreement and release;
WHEREAS, the Parties have now resolved that impasse and are close to finalizing a written
settlement agreement and release; and
WHEREAS, in order for the parties to have sufficient time to finalize the settlement, the Parties

19

respectfully request that the Court continue the Case Management Conference from November 16, 2017

20

to the week of December 11, 2017, or at a date and time that is convenient for the Court.

21
22

STIPULATION
THEREFORE, IT IS STIPULATED AND AGREED, by and between Defendants and Plaintiff,

23

through their respective counsel, that the Parties respectfully request that the Court continue the Case

24

Management Conference from November 16, 2017 to the week of December 11, 2017, or at a date and

25

time that is convenient for the Court.

26

IT IS SO STIPULATED.

27
28
STIP. TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
-1Case No. 3:17-CV-02332

1

DATED: November 9, 2017

2
3

FOLEY & LARDNER LLP
Eileen R. Ridley
Alan R. Ouellette
Anthony James Dutra
/s/ Alan R. Ouellette ____________
Alan R. Ouellette
Attorneys for Defendants
SEAL FOR LIFE INDUSTRIES, LLC, and BERRY
GLOBAL, INC., f/k/a BERRY PLASTICS, INC.

4
5
6
7
8

DATED: November 9, 2017

9

BUCHANAN INGERSOLL & ROONEY LLP
Kimberly Arouh
/s/ Kimberly Arouh _____________
Kimberly Arouh
Attorney for Plaintiff
UTILITY SUPPLY, INC., f/k/a UMAC, INC.

10
11
12
13

[PROPOSED] ORDER

14

Pursuant to the Parties’ Stipulation To Continue Case Management Conference In View Of

15

Settlement, and good cause appearing, the Court hereby continues the Case Management Conference

16

December 14, 2017, at 2:00 p.m
from November 16, 2017 to ________________________________.

17

IT IS SO ORDERED.

18
19
20

Dated: 11/13/17

_________________________________
Hon. Phyllis J. Hamilton
U.S. District Court Judge

21
22
23
24
25
26
27
28
STIP. TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER
-2Case No. 3:17-CV-02332

1
2
3

SIGNATURE ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this
Stipulation has been obtained from all signatories to the Stipulation.

4
5

FOLEY & LARDNER LLP
Eileen R. Ridley
Alan R. Ouellette
Anthony James Dutra

DATED: November 9, 2017

6
7

/s/ Alan R. Ouellette ___________
Alan R. Ouellette
Attorneys for Defendants
SEAL FOR LIFE INDUSTRIES, LLC, and BERRY
GLOBAL, INC., f/k/a BERRY PLASTICS, INC.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1