Jack in the Box Inc. v. Mehta et al

Filing 282

ORDER AS MODIFIED BY THE COURT GRANTING 278 STIPULATION WITH PROPOSED ORDER REQUESTING CASE MANAGEMENT CONFERENCE filed by Jack in the Box Inc. Further Case Management Conference set for 6/23/2016 10:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 5/17/2016. (ecg, COURT STAFF) (Filed on 5/17/2016)

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LECLAIRRYAN
RobertS. McWhorter (CA 226186)
Kevin T. Collins (CA 185427)
980 9th Street, 16th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.449.9694
[e-mail]
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
JACK IN THE BOX INC.,
a Delaware corporation, formerly known as Foodmaker, Inc.

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MOHAJERIAN LAW CORP.
AI Mohajerian (CA 182013)
1925 Century Park East, Suite 350
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.556.3817
Email: [e-mail]
Attorneys for Defendants and Counter-Plaintiffs,
DEEPAK MEHTA, an individual; KIRAN MEHTA,
an individual; MEHTA ENTERPRISES, INC.,
a suspended California corporation;
DEEPAK ENTERPRISES INC., a California corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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JACK IN THE BOX INC., a Delaware
corporation, formerly known as Foodmaker,
Inc.,

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Plaintiff,

Case No:

5:13-cv-04444-EJD

STIPULATION AND ORDER
REQUESTING CASE MANAGEMENT
CONFERENCE

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vs.
DEEPAK MEHTA, an individual; KIRAN
MEHTA, an individual; MEHTA
ENTERPRISES, INC., a suspended Califomia
corporation; DEEPAK ENTERPRISES INC.,
a California corporation,

Judge:

Hon. Edward J. Davila

Date Action Filed: September 25, 2013
Trial Date: None Set

Defendants.
AND RELATED COUNTERCLAIM.

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STIPULATION AND ORDER REQUESTING
CASE MANAGEMENT CONFERENCE

Case No. 5:13-cv-04444-EJD

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STIPULATION AND ORDER REQUESTING CASE MANAGEMENT CONFERENCE

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Defendants and Counter-Plaintiffs Deepak Mehta, Kiran Mehta, Mehta Enterprises, Inc.,

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and Deepak Enterprises, Inc. (collectively "Defendants" or the "Mehtas"), and Plaintiff and

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Counter-Defendant Jack in the Box Inc. ("JIB") (collectively, the "Parties"), stipulate as follows:

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I.

On April23, 2015 JIB filed a Motion For Summary Judgment And/Or Partial

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Summary Judgment (the "Summary Judgment Motion"), which was heard by this Court on

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May 28,2015. (Docket Nos. 205, 248).

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2.

This Court has not yet issued a ruling on the Summary Judgment Motion, which-

9 if granted- would resolve all or part of the Parties' claims in this case. If not granted, the Parties
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would need to prepare for trial. The uncertainty surrounding this Court's ruling on the Summary

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Judgment Motion places the underlying restaurants in an indeterminate status and adversely

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impacts both Parties because the Parties do not have an adjudication oftheir rights, if any, under

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the Franchise and Lease Agreements. Moreover, the nature, scope and direction of any

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settlement discussions between the Parties will be impacted significantly by this Court's ruling.

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As a result, the Parties placed their settlement discussions (as well as their completion of

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discovery) on hold pending a ruling on the Summary Judgment Motion.

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3.

To allow the Parties to make the necessary preparations going forward with

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respect to the underlying restaurants, settlement, and other issues, the Parties request that this

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Court provide some guidance as to when it will rule on the Summary Judgment Motion.

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Pursuant to Local Rules 7-II and 7-12, the Parties request that this Court schedule a Case

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Management Conference so that the Parties can discuss the status of this case. Because counsel

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for both parties practice outside of the Northern District of California, the Parties request that

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they be petmitted to appear at the Case Management Conference by telephone.

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STIPULATION AND ORDER REQUESTING
CASE MANAGEMENT CONFERENCE

Case No. 5:13-cv-04444-EJD

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STIPULATED AND AGREED TO:

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Dated: March 9, 2016

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Is/ Al Mohajerian
Al Mohajerian
Attorneys for Defendants/Counter-Plaintiff
Deepak Mehta, Kiran Mehta, Mehta Enterprises, Inc., and
Deepak Enterprises, Inc.
By:

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MOHAJERIAN A PROFESSIONAL LAW
CORPORATION

Dated: March 9, 2016

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LECLAIRRYAN LLP

Is/ RobertS. Me Whorter
RobertS. McWhorter
Attorneys for Plaintiff/Counter-Defendant
JACK IN THE BOX INC., a Delaware corporation,
formerly known as Foodmaker, Inc.
By:

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ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT this Court shall

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June 23, 2016, at 10:00 _
conduct a Case Management Conference on March _, 2016 at _ a.m..m. The Parties shall be

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permitted to appear at the Case Management Conference by telephone.

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May 17, _, 2016
Dated: March _2016
U.S. District Court Judge

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STIPULATION AND ORDER REQUESTING
CASE MANAGEMENT CONFERENCE

Case No. 5:13-cv-04444-EJD