Klauber Brothers, Inc. v. Walmart, Inc. et al

Filing 37

ORDER granting 36 Letter Motion to Adjourn Conference. The conference currently scheduled for May 25, 2023 is adjourned to June 15, 2023 at 10:00 a.m. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 5/24/2023) Initial Conference set for 6/15/2023 at 10:00 AM before Judge Paul G. Gardephe. (ks)

Case 1:22-cv-08087-PGG Document 37
36 Filed 05/24/23 Page 1 of 2
Attorneys admitted in
California, New York,
Texas, Pennsylvania, and
Maine

Doniger / Burroughs Building
603 Rose Avenue
Venice, California 90291
Doniger / Burroughs NY
247 Water Street, First Floor
New York, New York 10038

Sender’s contact:
[e-mail]
[phone]

May 24, 2023
DELIVERED VIA ECF
Honorable Paul G. Gardephe
Thurgood Marshall United States Courthouse
40 Foley Square, Courtroom 705
New York, NY 10007
Case Title:
Re:

Klauber Brothers, Inc. v. Walmart, Inc. et al.
1:22-cv-08087-PGG
Request to Adjourn Conference

Your Honor:
As you know, this office represents Plaintiff Klauber Brothers, Inc. (“Klauber”), in the above-referenced
action. We write to respectfully request an adjournment of the initial pretrial conference, currently scheduled for
May 25, 2023 at 10:00 a.m. On May 1, 2023, the Court granted Klauber’s prior request to adjourn the initial
pretrial conference until May 25, 2023 (Dkt. #35).
The terms of the settlement agreements releasing all claims in this action except for those regarding
products produced and distributed by Music Legs, Inc. (“Music Legs”) have been finalized, and the parties are
in the process of gathering the required signatures on the final long-form agreements. These settling parties
anticipate being able to dismiss the settled claims with prejudice within thirty (30) days.
Counsel for Klauber has followed up with counsel for Music Legs, and has again requested that counsel
for Music Legs confirm that it is authorized to accept service on its client’s behalf. Counsel indicated a
willingness to accept but has not confirmed authorization from Music Legs itself. Counsel has stated that Music
Legs is open to settlement negotiations, and the parties are likely to discuss settlement of the remaining claims
in this action in the near future. To date, the parties have not been able to confirm the necessary method of
service for Music Legs, and require more time to allow Music Legs to be served and provide an answer to
Klauber’s First Amended Complaint. In light of the foregoing, Klauber respectfully requests that the Initial
Pretrial Conference currently scheduled for May 25, 2023, be adjourned until June 23, 2023, or a date thereafter
convenient for the Court.

///
///
1

Case 1:22-cv-08087-PGG Document 37 Filed 05/24/23 Page 2 of 2