Olivia Garden, Inc., v. Stance Beauty Labs, LLC, et al

Filing 53

ORDER by Judge Haywood S. Gilliam, Jr. Granting 52 Stipulation Continuing Case Management Conference and Motion to Dismiss Hearing. (ndrS, COURT STAFF) (Filed on 5/7/2018)

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L. SCOTT OLIVER (State Bar No. 174824)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Defendants,
STANCE BEAUTY LABS, LLC and
BURLINGTON COAT FACTORY
OF TEXAS, INC.

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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OLIVIA GARDEN, INC., a California
Corporation

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Plaintiff,
v.
STANCE BEAUTY LABS, LLC, a
Connecticut Limited Liability Company;
BURLINGTON COAT FACTORY OF
TEXAS, INC., a Delaware corporation; and
DOES 1 through 25, inclusive,

Case No. 4:17-cv-05778-HSG
STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE AND MOTION TO
DISMISS HEARING

Date: May 17, 2018
Time: 2:00 p.m.
Dept: Courtroom 2, 4th Floor
Hon. Haywood S. Gilliam, Jr.

Defendants.

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

STIPULATION AND ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND MOTION TO
DISMISS HEARING
CASE NO. 4:17-CV-05778-HSG

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WHEREAS, the parties have been in settlement discussions and seek to continue the date

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of the Case Management Conference (“CMC”) and the hearing date for Stance Beauty Labs,

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LLC’s Motion to Dismiss for Improper Venue, both currently scheduled for May 17, 2018, in

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order to provide more time to confer.

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WHEREAS, the parties have stipulated to continuing the CMC and motion hearing to July

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12, 2018, and request that the Court enter an order continuing the CMC and motion hearing, with

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the hope of reaching an agreeable settlement.

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WHEREAS, continuing the CMC and motion hearing would allow the parties to focus on
settlement discussions by delaying various obligations and deadlines triggered by the CMC, as
proscribed in the Patent Local Rules.
WHEREAS, on December 5, 2017, Magistrate Judge Susan Van Keulen granted a

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stipulated continuance of the Initial Case Management Conference from January 9, 2018 until

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March 13, 2018. See Dkt. No. 23.

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WHEREAS, on March 6, 2018, the parties filed a Joint Case Management Statement. See
Dkt. No. 43.
WHEREAS, on March 12, the Court continued the date of the CMC previously set for
March 13, 2018 to May 17, 2018. See Dkt. No. 48.
WHEREAS the parties have met and conferred, and agree to continue the CMC and
motion hearing from May 17, 2018 until July 12, 2018.
NOW THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully
request, that the Court enters an order as follows:
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The May 17, 2018 CMC and motion hearing is continued until July 12, 2018.

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

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STIPULATION AND ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND MOTION TO
DISMISS HEARING
CASE NO. 4:17-CV-05778-HSG

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Dated: May 7, 2018

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3 GUICHARD, TENG, PORTILLO &
GARRETT, A.P.C.
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ORRICK, HERRINGTON & SUTCLIFFE
LLP

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/s/ Christopher J. Garrett
6 Christopher J. Garrett
101 Ygnacio Valley Road, Suite 112
7 Walnut Creek, California 94596
Telephone: 1+925-459-8440
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Email: [e-mail]
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Attorneys for Plaintiff
10 Olivia Garden, Inc.

/s/ L. Scott Oliver
L. Scott Oliver
1000 Marsh Road
Menlo Park, California 94025-1015
Telephone: 1+650-614-7400
Facsimile: 1+650-614-7401
Email: [e-mail]
Attorneys for Defendants
Stance Beauty Labs, LLC and
Burlington Coat Factory of Texas, Inc.

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SIGNATURE ATTESTATION
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I, L. Scott Oliver, am the ECF User whose identification and password are being used to
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file the foregoing Stipulation and [Proposed] Order Continuing Case Management Conference
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and Motion to Dismiss Hearing. Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I
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attest that concurrence in the filing of this document has been obtained.
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DATED: May 7, 2018
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/s/ L. Scott Oliver
L. Scott Oliver
Attorneys for Defendants
Stance Beauty Labs, LLC and
Burlington Coat Factory of Texas, Inc.

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ORRICK, HERRINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY

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STIPULATION AND ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND MOTION TO
DISMISS HEARING
CASE NO. 4:17-CV-05778-HSG

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ORD
DER
Pursua to the abo Joint Sti
ant
ove
ipulation and good cause appearing, the Case Management
d
e
Co
onference an motion ar continued from May 1 2018 to J
nd
re
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July 19, 2018
8.
IT IS SO ORDER
S
RED.

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Da
ated: May 7, 2018
H
Hon. Haywo S. Gillia Jr.
ood
am,
UNIT
TED STATE DISTRIC JUDGE
ES
CT

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ORRICK, HERR
RINGTON &
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VA
ALLEY

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STIPULATION A
AND ORDER CO
ONTINUING CASE
E
M
MANAGEMENT CONFERENCE A
AND MOTION TO
O
DI
ISMISS HEARING
G
CASE NO. 4:1
17-CV-05778-HSG
G