Williams-Sonoma, Inc. v. Tradewinds Textiles, Inc. et al

Filing 27

Notice of Settlement and STIPULATION AND ORDER 26 for Relief From Case Management Conference: Case Management Conference Re: Settlement set for 1/7/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 12/2/10. (jg, COURT STAFF) (Filed on 12/2/2010)

Williams-Sonoma, Inc. v. Tradewinds Textiles, Inc. et al

Doc. 27

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TOWNSEND AND TOWNSEND AND CREW LLP GREGORY S. GILCHRIST (Bar # 111536) TALI L. ALBAN (Bar # 233694) ROBERT D. TADLOCK (Bar # 238479) Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]; [e-mail]; [e-mail] Attorneys for Plaintiff WILLIAMS-SONOMA, INC.

*E-FILED - 12/2/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION WILLIAMS-SONOMA, INC., a California corporation, Plaintiff, v. TRADEWINDS TEXTILES, INC., a Massachusetts corporation, TUESDAY MORNING CORP., a Texas corporation, Defendants. Case No. CV 10 2727 RMW NOTICE OF SETTLEMENT AND STIPULATION AND [] ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

Pursuant to Civil L.R. 16-2(d) and (e) and 7-12, Plaintiff Williams-Sonoma, Inc. ("WSI") and Defendants Tradewinds Textiles, Inc. ("Tradewinds") and Tuesday Morning Corp. ("Tuesday Morning") stipulate to, and request an Order, revising the Case Management Schedule. STIPULATION WSI filed this action on June 22, 2010; Under the current Case Management Schedule, Case Management Conference Statements were due November 29, 2010 and an Initial Case Management Conference is scheduled for December 3, 2010; The Parties have agreed to the terms of a Settlement Agreement that requires the Parties to file a Stipulation to Final Judgment and Permanent Injunction and a [Proposed] Judgment within ten (10)
NOTICE OF SETTLEMENT, STIPULATION AND ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

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Case No. CV 10 2727 RMW

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days after full execution of the Settlement Agreement and a Stipulation of Dismissal of all other claims pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii) within five (5) days after full execution of the Settlement Agreement; The above-mentioned documents will be filed as soon as the payment called for in the settlement agreement is received and processed; Counsel for all Parties have conferred and support this request for relief; ACCORDINGLY, the Parties hereby stipulate to a proposed revised case management schedule continuing the Case Management Conference currently scheduled for December 3, 2010 until January 7, 2011 or as soon thereafter as the Court's schedule permits. This stipulation does not require any other changes in the case schedule.

DATED: December 1, 2010

By: /s/ Robert D. Tadlock Robert D. Tadlock TOWNSEND AND TOWNSEND AND CREW LLP Attorneys for Plaintiff WILLIAMS-SONOMA, INC.

DATED: December 1, 2010

By: /s/ Perry J. Narancic Perry J. Narancic Attorneys for Defendant TRADEWINDS TEXTILES, INC.

DATED: December 1, 2010

By: /s/ Parker D. Young Parker D. Young Attorneys for Defendant TUESDAY MORNING, CORP.

NOTICE OF SETTLEMENT AND STIPULATION AND [] ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

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Case No. CV 10 2727 RMW

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NOTICE OF SETTLEMENT AND STIPULATION AND ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

SIGNATURE ATTESTATION Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the concurrence in the filing of this document from all the signatories for whom a signature is indicated by a "conformed" signature (/s/) within this e-filed document and I have on file records to support this concurrence for subsequent production for the court if so ordered or for inspection upon request. Dated: December1, 2010 By: /s/ Robert D. Tadlock Robert D. Tadlock TOWNSEND AND TOWNSEND AND CREW LLP Attorneys for Plaintiff, WILLIAMS-SONOMA, INC.

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Case No. CV 10 2727 RMW

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ORDER PURSUANT TO STIPULATION IT IS SO ORDERED

_________________________________ THE HON. RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE

NOTICE OF SETTLEMENT AND STIPULATION AND [] ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

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Case No. CV 10 2727 RMW