Jack Daniel's Properties, Inc. v. White Rock Distilleries, Inc.

Filing 28

STIPULATION AND ORDER Extending Mediation Deadline re 26 . Signed by Judge Koh on 6/3/2011. (lhklc1, COURT STAFF) (Filed on 6/3/2011)

1
2
3
4
5
6

KENNETH L. STEINTHAL (SBN 268655)
E-mail: [e-mail]
MATTHEW L. REAGAN (SBN 261832)
E-mail: [e-mail]
GREENBERG TRAURIG, LLP
153 Townsend St., 8th Floor
San Francisco, CA 94107
Telephone: [phone]
Facsimile: [phone]

Attorney for Defendant
WHITE ROCK DISTILLERIES, INC.

7
8
9
10
11
12
13
14
15
16
17

CHRISTOPHER C. LARKIN (SBN: 119950)
E-Mail: [e-mail]
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Telephone: [phone]
Facsimile: [phone]
KEVIN J. LESINSKI (SBN: 110862)
E-mail: [e-mail]
SEYFARTH SHAW LLP
560 Mission Street
Suite 3100
San Francisco, California 94105-2930
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JACK DANIEL’S PROPERTIES, INC.

18

UNITED STATES DISTRICT COURT

19

FOR THE NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

20
21
22

25
26

STIPULATION AND [PROPOSED]
ORDER TO EXTEND MEDIATION
DEADLINE

Plaintiff,

23
24

CASE NO. CV 10-CV-5265 LHK (PSG)

JACK DANIEL’S PROPERTIES, INC.
a Delaware corporation,

v.
Judge: Honorable Lucy H. Koh

WHITE ROCK DISTILLERIES, INC.,
a Maine corporation,

[A.D.R. Local Rule 6-5]

Defendant.

27
28
1

CASE NO.: 10-CV-5265 LHK (PSG)

STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE

1

IT IS HEREBY STIPULATED by and between Plaintiff Jack Daniel’s Properties, Inc.

2

(“Plaintiff”) and Defendant White Rock Distilleries, Inc. (“Defendant”) hereto through their

3

respective counsel of record, as follows:

4

WHEREAS,

5

A.

6
7
8
9

Plaintiff filed its complaint on November 19, 2010 in the United States District

Court for the Northern District of California, San Francisco Division.
B.

On March 25, 2011 this Court ordered the parties to participate in court-

appointed mediation by June 23, 2011. (Dkt. 19.)
C.

On May 9, 2011 the parties had a pre-mediation telephone conference with

10

William N. Hebert, the court-appointed mediator. Due to scheduling conflicts on the week of

11

June 20th the parties agreed to a mediation date of June 16, 2011 and a written submission

12

deadline of June 10, 2011.

13
14
15

D.

In the interim, the parties have diligently continued to engage in direct

settlement negotiations.
E.

Yesterday, on June 1, 2011, the parties reached an agreement in principle on the

16

terms of a settlement agreement that will resolve the current dispute. However, the details and

17

final language the agreement need to be drafted. While the parties are endeavoring to complete

18

this process as quickly as possible, due to scheduling difficulties of counsel and client

19

representatives it may be difficult to achieve this goal within the next few days.

20

F.

The parties, therefore, wish to extend the mediation deadline of June 23, 2011

21

by thirty (30) days to July 23, 2011 to allow sufficient time to finalize their agreement without

22

the need for court-appointed mediation. This will save the parties the considerable expense and

23

human resources necessary to properly prepare mediation statements which would otherwise be

24

due in just over a week.

25
26
27

G.

The parties are confident that they will be able to finalize their agreement within

a reasonable time and agree that good cause exists for this stipulation and proposed order.
IT IS HEREBY AGREED that:

28
2

CASE NO.: 10-CV-5265 LHK (PSG)

STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE

1
2

1.

If the parties have not settled their dispute then they shall engage in court-

appointed mediation by July 23, 2011.

3
4

DATED: June 2, 2011

GREENBERG TRAURIG, LLP

5
6

By:/s/______________________
Kenneth L. Steinthal

7

Attorney for Defendant
White Rock Distilleries, Inc.

8
9
10

DATED: June 2, 2011

SEYFARTH SHAW LLP

11
12

By:/s/______________________
Christopher C. Larkin

13

Attorney for Plaintiff
Jack Daniel’s Properties, Inc.

14
15
16
ORDER

17
18
19
20
21
22

Good cause appearing therefor, IT IS HEREBY ORDERED that if the parties have not
settled their dispute they shall engage in court-appointed mediation by July 23, 2011.
IT IS SO ORDERED.
June 3, 2011
DATED: _____________

__________________________
The Honorable Lucy H. Koh
Judge of the United States District Court

23
24
25
26
27
28
3

CASE NO.: 10-CV-5265 LHK (PSG)

STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION DEADLINE