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

Filing 80

ORDER by Judge Whyte granting 77 Motion to Shorten Time re motion for leave to file amicus brief and setting briefing schedule. (rmwlc3, COURT STAFF) (Filed on 10/14/2009)

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 California Beer and Beverage Distributors have 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. It has also filed an administrative request to shorten hearing on its motion for leave to file the proposed amicus brief so that the motion can be heard contemporaneously with, or prior to, the court's hearing of the summary judgment motions. CBBD's papers indicate that one or more of the parties oppose CBBD's motion for leave to file an amicus brief and participate in oral argument. This case involves a novel question of law and a California statute that has yet to undergo judicial scrutiny or interpretation. The court is thus tentatively inclined to permit CBBD to file its MAITA DISTRIBUTORS, INC. OF SAN MATEO, a California corporation, Plaintiff, v. DBI BEVERAGE INC., a Tennessee corporation, Defendant. No. C-09-02318 RMW ORDER RE MOTION FOR LEAVE TO FILE AMICUS BRIEF [Re Docket Nos. 75 and 77] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 10/14/09

ORDER RE 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

proposed amicus brief. Nevertheless, if any party opposes the request, the court is willing to consider arguments in opposition. Accordingly, any party wishing to respond to CBBD's motion for leave to file an amicus brief shall file its response on or before Friday, October 16, 2009. The court will issue a ruling on the motion based on the papers submitted by that date.

DATED:

10/14/09

RONALD M. WHYTE United States District Judge

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

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:

10/14/09

TER Chambers of Judge Whyte

ORDER RE MOTION FOR LEAVE TO FILE AMICUS BRIEF--No. C-09-02318 RMW TER 3