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