West Marine, Inc v. Watercraft Superstore, Inc

Filing 10

STIPULATION AND ORDER Re Limited Venue Discovery (As Modified By the Court). See order for further details. Signed by Magistrate Judge Howard R. Lloyd on 10/31/11. (hrllc1, COURT STAFF) (Filed on 10/31/2011)

** E-filed October 31, 2011 **
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Kathryn G. Spelman, Esq. (Cal. Bar No. 154512)
Daniel H. Fingerman, Esq. (Cal. Bar No. 229683)
Benjamin R. Lemke (Cal. Bar No. 271706)
Mount, Spelman & Fingerman, P.C.
RiverPark Tower, Suite 1650
333 West San Carlos Street
San Jose CA 95110-2740
Phone: [phone]
Fax: [phone]
Email: [e-mail]; [e-mail];
[e-mail]
Counsel for Watercraft Superstore Inc.

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U.S. District Court
Northern District of California, San Jose Division

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MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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West Marine Inc.

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Plaintiff

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vs.

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Watercraft Superstore Inc.

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Defendant

Case No. 5:11-cv-04459-HRL
Stipulation and [Proposed] Order

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The parties in this case have reached a stipulation that they jointly request to be entered as an

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order of the Court. This stipulation to allow Defendant Watercraft Superstore Inc. (“Watercraft”) to

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conduct limited venue discovery regarding Watercraft’s motion to dismiss or, in the alternative,

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transfer venue, is entered into by and between Plaintiff West Marine Inc. (“West Marine”) and

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Defendant through their counsel of record.

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RECITALS

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This Stipulation is entered into with reference to the following facts:

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A.

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On August 11, 2011, West Marine filed its Complaint against Watercraft, in the

Superior Court for the State of California, County of Santa Cruz.
B.

On September 7, 2011, Watercraft filed its notice of removal, removing this case

MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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from the Superior Court for the State of California, County of Santa Cruz, to the United States

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District Court for the Northern District of California.

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C.

On September 14, 2011, Watercraft filed its motion to dismiss the Complaint or, in

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the alternative, transfer venue to the Middle District of Florida. The motion alleges that this Court

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has no personal jurisdiction over Watercraft and that, if the Complaint is not dismissed, the Middle

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District of Florida is a more convenient and appropriate venue and the case should, thus, be

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transferred. Watercraft’s motion was originally set to be heard before this Court on October 25,

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2011, but has since been continued. The parties previously stipulated to extend the briefing schedule

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such that West Marine’s opposition is due on or before December 14, 2011, and Watercraft’s reply

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will be filed on or before December 21, 2011.

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D.

Counsel for Plaintiff and Defendant have met and conferred in writing and

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telephonically regarding an agreement by which Watercraft would be permitted to take limited venue

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discovery.

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STIPULATION
Based upon the foregoing, the parties hereby stipulate, by and through their counsel of record,
as follows:
1.

Watercraft will serve interrogatories, requests for admission, and/or requests for
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production of documents on venue issues on or before October 28, 2011.
Case No. 5:11-cv-04459-HRL
Stipulation and [Proposed] Order

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2.

All discovery discussed in this Stipulation will be limited to venue issues.

Date: October 26, 2011

Respectfully submitted,
Mount, Spelman & Fingerman, P.C.
/s/ Benjamin R. Lemke
Counsel for Watercraft Superstore Inc.

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Date: October 26, 2011

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Greenberg Traurig, LLP
/s/ Lisa McCurdy
Counsel for West Marine, Inc.

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As the attorney electronically filing this document, I attest that each above signatory has
concurred in this filing.

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MOUNT, SPELMAN & FINGERMAN, P.C.
RIVERPARK TOWER, SUITE 1650
333 WEST SAN CARLOS STREET
SAN JOSE, CALIFORNIA 95110-2740
TELEPHONE [phone]

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Date: October 26, 2011

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Mount, Spelman & Fingerman, P.C.
/s/ Benjamin R. Lemke
Counsel for Watercraft Superstore Inc.

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Pursuant to stipulation, it is so ordered.

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October 31
Date: _______________,2011

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Honorable Howard R. Lloyd
United States District Court Magistrate Judge

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Case No. 5:11-cv-04459-HRL
Stipulation and [Proposed] Order

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