Maita Distributors Inc. of San Mateo County v. DBI Beverage, Inc.

Filing 100

ORDER by Judge Whyte granting 75 Motion for Leave to File amicus brief (rmwlc3, COURT STAFF) (Filed on 10/26/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: 10/26/09 RONALD M. WHYTE United States District Judge California Beer and Beverage Distributors has filed a motion for leave to file an amicus brief in connection with the parties' cross-motions for summary judgment, presently calendared for hearing on October 30, 2009. Defendant DBI and intervenor MillerCoors oppose CBBD's motion; plaintiff Maita Distributors does not oppose the motion, although it disagrees with CBBD's asserted arguments. Having considered the papers submitted, and for good cause appearing, the court grants CBBD's motion. CBBD may file its proposed papers and the court will consider them in connection with the parties' motions for summary judgment. Counsel for CBBD shall also be permitted to participate in oral argument on the summary judgment motions. MAITA DISTRIBUTORS, INC. OF SAN MATEO, a California corporation, Plaintiff, v. DBI BEVERAGE INC., a Tennessee corporation, Defendant. No. C-09-02318 RMW ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEF [Re Docket No. 75] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 10/26/09

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEF--No. C-09-02318 RMW TER

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff: Craig S. Ritchey John G. Hursh Karen Elizabeth Wentzel Patricia Anne Welch Counsel for Defendant: Elise Kathryn Sara Jonathan P. Hersey Mark Kenneth Slater Counsel for Intervenor: Jesse Frank Ruiz Alissa Brett Rubin Michael W. Youtt Russell D. Workman [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel for Amicus CBBD: Brian C. Rocca [e-mail] Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

10/26/09

TER Chambers of Judge Whyte

ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEF--No. C-09-02318 RMW TER 2