Garden Meadow, Inc. et al v. Grocery Outlet, Inc.

Filing 30

Order by Hon. Lucy H. Koh denying 26 Stipulation and Proposed Order Extending Time to File Initial Disclosures.(lhklc3, COURT STAFF) (Filed on 12/28/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 GARDEN MEADOW, INC., a Connecticut Corporation, Plaintiff, 12 13 v. 14 GROCERY OUTLET, INC., a California Corporation doing business as GROCERY OUTLET and as IDEAL DISTRIBUTING 15 and 16 JOHN DOES Numbers 1 through 99, 17 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 12-CV-04811-LHK ORDER DENYING STIPULATION AND PROPOSED ORDER EXTENDING TIME TO FILE INITIAL DISCLOSURES 18 Plaintiff Garden Meadow filed this action on September 13, 2012, against Defendants 19 Grocery Outlet, Inc. d/b/a Grocery Outlet, Ideal Distributing, and John Does Numbers 1 through 99 20 21 (collectively “Defendants”), alleging claims of copyright infringement and willful copyright infringement. See ECF No. 1. On October 2, 2012, the Court granted the parties’ stipulation to 22 extend the time by which Grocery Outlet must file a responsive pleading to the Complaint to 23 October 30, 2012. ECF No. 13. On October 30, 2012, the parties again filed a stipulation and 24 proposed order seeking to extend the time by which Grocery Outlet must file a responsive pleading 25 26 to the Complaint to November 9, 2012, stating that the parties “desire[d] additional time to attempt to resolve the action and/or narrow the areas of dispute between the parties.” ECF No. 17 at 2. 27 The Court granted this stipulation on October 31, 2012. ECF No. 17. On November 9, 2012, the 28 1 Case No.: 12-CV-04811-LHK ORDER DENYING STIPULATION AND PROPOSED ORDER EXTENDING THE TIME TO FILE INITIAL DISCLOSURES 1 parties once again filed a stipulation and proposed order seeking to extend the time by which 2 Grocery Outlet must file a responsive pleading to the Complaint to November 28, 2012. ECF No. 3 19. In this stipulation, the parties stated that they “still wish to attempt to resolve the action and/or 4 attempt to narrow the areas of dispute, but recent weather-related incidents in the Eastern United 5 States have made it difficult for the parties to do so.” Id. at 2. The Court granted the parties’ 6 stipulation to extend the deadline for Grocery Outlet to file a responsive pleading to the Complaint 7 to November 28, 2012, but stated that no further extensions will be permitted. 8 Despite the Court’s prior order, on December 21, 2012, the parties filed a stipulation and proposed order seeking to extend the time to file initial disclosures to January 29, 2012. ECF No. 10 United States District Court For the Northern District of California 9 26. In the parties’ Joint Case Management Statement that was also filed on December 21, 2012, 11 the parties state that they propose the extension of time “[i]n light of potentially early settlement.” 12 ECF No. 25. 13 The parties in this action have represented to the Court that this case may settle since 14 October. The parties’ Stipulation and Proposed Order Extending the Time to File Initial 15 Disclosures is DENIED. The Court will not grant any further continuances of any case deadlines. 16 IT IS SO ORDERED. 17 18 19 Dated: December 28, 2012 _________________________________ LUCY H. KOH United States District Judge 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-04811-LHK ORDER DENYING STIPULATION AND PROPOSED ORDER EXTENDING THE TIME TO FILE INITIAL DISCLOSURES

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