United Brands Company, Inc. v. Anheuser-Bush, Inc.

Filing 33

Joint MOTION To Allow Parties To Bring Canned Alcoholic Beverages To Hearing On Defendant's Motion To Dismiss re 21 MOTION to Dismiss Plaintiff's First Amended Complaint by United Brands Company, Inc. (Dix, Nancy) (cge).

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NANCY O. DIX (Bar No. 129150)
BRIAN L. BEHMER (Bar No. 156978)
CHRISTINA D. YATES (Bar No. 201748)
CHRISTOPHER J. BEAL (Bar No. 216579)
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297

JEFFREY A. FEASBY (Bar No. 208759)
LUCE, FORWARD, HAMILTON &
SCRIPPS LLP
600 West Broadway, Suite 2600
San Diego, CA 92101
[e-mail]
Tel: [phone]
Fax: [phone]

Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorney for Defendant
ANHEUSER-BUSCH, INC.

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Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff
UNITED BRANDS COMPANY, INC.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED BRANDS COMPANY, INC.,

CASE NO. 10-cv-2281-AJB (WMC)

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Plaintiff,
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v.
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JOINT MOTION TO ALLOW PARTIES TO
BRING CANNED ALCOHOLIC
BEVERAGES TO HEARING ON
DEFENDANT’S MOTION TO DISMISS

ANHEUSER-BUSCH, INC.,
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Defendant.
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Hearing Date:
Time:
Courtroom:
Judge:

July 21, 2011
10:00 a.m.
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Anthony J. Battaglia

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Trial Date: Not yet set
Complaint: November 4, 2010

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The Parties hereby jointly stipulate, and respectfully request that this Court issue an Order
allowing the Parties to use representative exemplars of the JOOSE and TILT cans at issue in this
action as demonstrative exhibits during the hearing on Defendant’s motion to dismiss.

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JOINT MOTION
NOW THEREFORE, the Parties stipulate and request as follows:
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Counsel for United Brands Company, Inc. and Anheuser-Busch, Inc., be permitted

to bring sample cans of their respective products JOOSE and TILT, which are flavored malt

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DLA P IPER LLP (US)
SAN DIEGO

-1WEST\224084838.1

10-CV-2281-AJB (WMC)

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beverages, into the courthouse as demonstrative exhibits during the hearing on Defendant’s

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motion to dismiss, which is scheduled for July 21, 2011 at 10:00 a.m. in Courtroom 12 of the U.S.

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District Court for the Southern District of California, 940 Front Street, San Diego, California.

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Specifically, counsel for United Brands Company, Inc. will bring in one (1) 16-ounce can and

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five (5) 24-ounces, and counsel for Anheuser-Busch, Inc. will bring in three (3) 24-ounce cans.

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The undersigned have read and hereby agree to comply with and be bound by all of the

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terms and provisions of the foregoing Joint Motion. This Joint Motion may be signed by the

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parties in multiple counterparts, all of which shall be taken together as a single document, and

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facsimile and electronic signatures shall be effective as originals.

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SO STIPULATED.
Dated: July 20, 2011

DLA PIPER LLP (US)

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By: s/Nancy O. Dix
NANCY O. DIX
[e-mail]

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Attorneys for Plaintiff
UNITED BRANDS COMPANY, INC.

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Dated: July 20, 2011

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LUCE, FORWARD, HAMILTON &
SCRIPPS LLP
By: s/Jeffrey A. Feasby
JEFFREY A. FEASBY
[e-mail]

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Attorneys for Defendant
ANHEUSER-BUSCH, INC.,

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DLA P IPER LLP (US)
SAN DIEGO

-2WEST\224084838.1

10-CV-2281-AJB (WMC)