Di Grazia v. Sazerac Company, Inc.

Filing 30

STIPULATION AND ORDER AS MODIFIED BY THE COURT REGARDING BRIEFING SCHEDULE FOR FIRST AMENDED COMPLAINT AND PRETRIAL DATES re 28 Stipulation. The Amended Scheduling Order and all other pre-trial deadlines are VACATED. The Court will set a new Case M anagement Conference date in its Order addressing Defendant's Motion to Dismiss the First Amended Complaint. Motion Hearing set for 3/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 2/5/2009. (ecg, COURT STAFF) (Filed on 2/5/2009)

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N UNITED STATES DISTRICT COURT
NORTHERN DISTRICT SAN JOSE DIVISION

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F D IS T IC T O R

DEBORAH DI GRAZIA, a widow, Plaintiff, vs. SAZERAC COMPANY, INC., a Louisiana corporation; BROWN-FORMAN, INC., a Kentucky Corporation; TEQUILA HERRADURA, S.A., Defendants.

No. 5:08-CV-01562 JW [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR FIRST AMENDED COMPLAINT AND PRETRIAL DATES Stipulation filed concurrently Court: Hon. James Ware

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW SA N FRA N C I S C O

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[PROPOSED] ORDER 5:08-CV-01562 JW

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Attorneys for Plaintiff DEBORAH DI GRAZIA

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MANATT, PHELPS & PHILLIPS, LLP ANDREW A. BASSAK (Bar No. CA 162440) E-mail: [e-mail] ANN M. HEIMBERGER (Bar No. CA 197060) E-mail: [e-mail] One Embarcadero Center, 30th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone]

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PROPOSED ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that, 1. VACATED. 2. Defendant Sazerac Company Inc.'s ("Sazerac") Motion to Dismiss shall be The Amended Scheduling Order and all other pre-trial deadlines are

heard on March 23, 2009 at 9:00 a.m. Sazerac shall have until and including February 9, 2009 to file a Motion to Dismiss Plaintiff Deborah di Grazia's ("Mrs. di Grazia") First Amended Complaint. Mrs. di Grazia shall have until and including March 2, 2009 to file her Opposition to the Motion to Dismiss. Sazerac shall have until and including March 9, 2009 to file a reply in support of its Motion to Dismiss.

The Court will set a last day for the parties to file a Joint date in its Order addressing 3. The new Case Management Conference Case Management Conference
Statement shall be date 30 days First Amended Complaint. Defendant's Motionato Dismiss theafter the Court rules on Sazerac's Motion to Dismiss, or the first Court day thereafter.

Dated: February 5, 2009 Case Management Conference shall be held on the first Monday that __________________________________ 4. The JAMES WARE falls after the 40th day after the Court rules on Sazerac's Motion toJudge at 10:00 a.m. United States District Dismiss
5. Entering into this Stipulation shall not prejudice any of the parties from

later requesting an extension of such dates.

Dated:

, 2009

_______________________ The Honorable James Ware United States District Judge

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MANATT, PHELPS & PHILLIPS, LLP
ATTO RNEY S AT LAW SA N FRA N C I S C O

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[PROPOSED] ORDER 5:08-CV-01562 JW