Mussetter Distributing, Inc. v. DBI Beverage Inc.

Filing 78

ORDER granting 68 MOTION to Shorten Time and 67 MOTION for Leave to File An Amicus Brief In Conjunction With The Parties' Cross Motions For Summary Judgment. Signed by Judge Whyte on 2/3/10. (rmwlc3, COURT STAFF) (Filed on 2/3/2010)

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ORDER GRANTING LEAVE TO FILE AMICUS CURIAE BRIEF­ No. C-09-03112 RMW TER

E-FILED on

2/3/10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MUSSETTER DISTRIBUTING, INC., a California corporation, Plaintiff, v. DBI BEVERAGE INC., a Tennessee corporation, Defendant.

No. C-09-03112 RMW ORDER GRANTING LEAVE TO FILE AMICUS CURIAE BRIEF [Re Docket Nos. 67 and 68]

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 and a motion to shorten time for hearing such motion. The motions are not opposed. Having considered the papers submitted, and for good cause appearing, the court grants CBBD's motion for leave to file an amicus brief. The court will consider the brief, submitted as an attachment to CBBD's motion, in connection with the parties' motions for summary judgment.

DATED:

2/3/10

RONALD M. WHYTE United States District Judge

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Notice of this document has been electronically sent to: Counsel for Plaintiff: 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 Counsel for Amicus: Brian C. Rocca [e-mail] [e-mail] [e-mail]

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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:

2/3/10

TER Chambers of Judge Whyte

ORDER GRANTING LEAVE TO FILE AMICUS CURIAE BRIEF­ No. C-09-03112 RMW TER 2