Morton & Bassett, Llc-V-Organic Spices Inc

Northern District of California, cand-4:2015-cv-01849

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{74}} Stipulation To Modify The Hearing Date for the Pending Motion for Summary Judgment.

Interested in this case?

Current View

Full Text

1 ROBERT P. ANDRIS (SBN 130290) MEYLAN DAVITT JAIN randris@gordonrees.com AREVIAN & KIM LLP 2 MICHAEL D. KANACH (SBN 271215) ROBERT L. MEYLAN (SBN 144031) mkanach@gordonrees.com rmeylan@mdjalaw.com 3 GORDON & REES LLP SHAUNT T. AREVIAN (SBN 237698) 275 Battery Street, Suite 2000 sarevian@mdjalaw.com 4 San Francisco, CA 94111 444 South Flower Street, Suite 1850 Telephone: (415) 986-5900 Los Angeles, California 90071 5 Facsimile: (415) 986-8054 Telephone: (213) 225-6000 Facsimile: (213) 225-6660 6 THOMAS E. MOORE, III (SBN 115107) tmoore@rroyselaw.com HOLMES WEINBERG, P.C. 7 ROYSE LAW FIRM, PC STEVEN M. WEINBERG (SBN 235581) 1717 Embarcadero Road smweinberg@holmesweinberg.com 8 Palo Alto, CA 94303 30765 Pacific Coast Highway, Suite 411 Telephone (650) 813-9700 Malibu, California 90265 9 Facsimile: (650) 813-9777 Telephone: (310) 457-6100 Facsimile: (310) 457-9555 10 Attorneys for Defendant and Counterclaimant, Attorneys for Plaintiff, 11 ORGANIC SPICES, INC. MORTON & BASSETT, LLC 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 MORTON & BASSETT, LLC, a California) CASE NO. 3:15-cv-01849-HSG limited liability company,) 17) PARTIES' JOINT STIPULATION Plaintiff,) REGARDING A REVISED HEARING 18) v.) SCHEDULE; AND ORDER 19) ORGANIC SPICES, INC., a California) The Hon. Haywood S. Gilliam, Jr. 20 Corporation,)) Action Filed: April 24, 2015 21 Defendant.) Current Hearing Date: December 8, 2016) Proposed Hearing Date: December 15, 2016 22) ORGANIC SPICES, INC., a California) Trial Date: March 13, 2017 23 Corporation,)) 24 Counterclaimant,)) 25 v.)) 26 MORTON & BASSETT, LLC, a California) limited liability company,) 27) Counterclaim-Defendant.) 28) PARTIES' JOINT STIPULATION REGARDING NEW HEARING DATE 3:15-cv-01849-HSG 1 STIPULATION 2 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 3 PLEASE TAKE NOTICE that, pursuant to Rules 6-1(b) and 6-2 of the Civil Local Rules (Civil 4 L.R.), Plaintiff and Counter-Defendant Morton & Bassett, LLC ("M&B") and Defendant and 5 Counterclaimant Organic Spices, Inc. ("Organic Spices") (hereinafter collectively "Parties"), stipulate 6 and seek an order from the Court as follows: 7 WHEREAS, the Parties stipulate – subject to Court approval and availability – to one 8 modification to the schedule, specifically to reschedule the hearing date for Organic Spices' 9 Motion for Summary Judgment, or in the Alternative Motion for Summary Adjudication 10 ("Motion for Summary Judgment"), from December 8, 2016, to December 15, 2016, because 11 Organic Spices' counsel was recently assigned a trial date in another matter that conflicts with 12 the hearing date as scheduled, as set forth below: 13 WHEREAS, pursuant to the Court Order, the hearing date for Organic Spices' Motion for 14 Summary Judgment is currently scheduled for December 8, 2016; 15 WHEREAS, there is good cause, and an unfortunate and unavoidable reason, for the Parties' 16 stipulated request to modify the Court's Scheduling Order; 17 WHEREAS, until November 18, 2016, the Parties had no conflicts for December 8, 2016; 18 WHEREAS, on Friday, November 18, 2016, counsel for Organic Spices attended a docketing 19 call (in another matter, for another client) in the Western District of Texas (Austin) and was informed 20 by the Honorable Sam Sparks that their trial in that matter was going to begin on Monday, December 21 5, 2016, which would conflict with the hearing scheduled in this matter; 22 WHEREAS, the trial date was previously scheduled generally for December 2016, and could 23 have been scheduled over a three-week span, and did not necessarily conflict with the hearing date in 24 this matter until notice was provided on November 18; 25 WHEREAS, counsel for Organic Spices anticipates that it is more likely than not that the 2-4 26 day trial and travel will preclude counsel's – namely, both Robert Andris and Michael Kanach's – 27 ability to attend and argue Organic Spices' Motion for Summary Judgment the same week, on 28 Thursday, December 8, 2016, in San Francisco, CA. Unfortunately, counsel cannot be two places at -1- PARTIES' JOINT STIPULATION REGARDING NEW HEARING DATE 3:15-cv-01849-HSG 1 the same time; 2 WHEREAS, the following Monday, November 21, 2016, counsel for Organic Spices contacted 3 counsel for M&B to discuss the conflict and discuss amicable resolutions to Organic Spices' counsel's 4 unforeseen scheduling concern; 5 WHEREAS, the Parties contacted the Court clerk on November 22, 2016, to discuss options for 6 alternative dates and the Court's impacted schedule; 7 WHEREAS, December 15, 2016, is the next Thursday and both Parties are available; 8 WHEREAS, the Parties waited until December 1 to file this stipulated request because it was 9 the first instance when counsel for Organic Spices could confirm (a) that their other matter was not 10 going to settle prior to trial, and (b) the Parties' availability for a hearing on December 15, 20161; 11 WHEREAS, regarding previous extensions, the Parties have previously worked together to 12 resolve scheduling disputes or concerns and propose reasonable schedules for the Court; 13 WHEREAS, the Parties have complied with the other dates in the Scheduling Order, dated 14 September 27, 2016 (ECF 61), namely M&B filing a second amended complaint, Organic Spices filing 15 a dispositive motion and the Parties filing their respective opposition and reply brief and related 16 administrative motions; 17 WHEREAS, pursuant to Court Order the following dates remain on the Scheduling Order: 18 Litigation Event [Proposed] Court Deadline 19 Dispositive Motion Hearing Date December 8, 2016 at 2:00 p.m. Pretrial Conference February 28, 2017 at 3:00 p.m. 20 Jury Selection and Trial March 13, 2017 at 8:30 a.m. (7 court days) 21 WHEREAS, December 15, 2016, is the next Thursday on the calendar; 22 WHEREAS, the Parties do not believe that any further modifications of the Court's Scheduling 23 Order will be necessary, should the Court be able to hear the motion on December 15, 2016. 24 25 1 The Parties waited to file this Stipulation until December 1, because – until that time – counsel for Organic Spices was unavailable on the December 15, 2016 date. Until the evening of November 30, 26 2016, counsel for Organic Spices had a scheduling conflict on December 15, 2016, a hearing on a motion for summary judgment in another matter (a separate matter, for a different client). On 27 November 30, counsel for Organic Spices resolved that matter, and thus the December 15, 2016 date became available. The Parties met and conferred at their earliest opportunity, the following day, on 28 December 1, 2016, and prepared this Stipulation proposing a December 15, 2016 hearing date. -2- PARTIES' JOINT STIPULATION REGARDING NEW HEARING DATE 3:15-cv-01849-HSG 1 Specifically, the Parties believe that a hearing date of December 15, 2016, would not impact the 2 remaining dates on the Scheduling Order, nor the pre-trial dates set forth in Judge Gilliam's Civil 3 Pretrial & Trial Standing Order; 4 WHEREAS, the Parties do not seek to modify the trial date; 5 WHEREAS, counsel for Organic Spices is unavailable Thursday, December 22, 2016; 6 WHEREAS, the Parties are available other Thursdays, namely December 29, 2016, or January 7 5, 12, or 19, 2017, but the Parties share a concern that a later hearing date (and later Order) might 8 interfere with the Parties' trial date and pre-trial deadlines; and 9 WHEREAS, the Parties understand the Court's calendar currently shows no other available 10 dates prior to February 2017, they seek this modification to accommodate this scheduling concern. 11 12 STIPULATION 13 The Parties, by and through their respective counsel of record, hereby stipulate as follows, 14 subject to approval by the Court: 15 The hearing of Organic Spices' Motion for Summary Judgment currently scheduled for 16 December 8, 2016, is hereby rescheduled to December 15, 2016, at 2:00 p.m. 17 18 19 20 DATED: December1, 2016 MEYLAN DAVITT JAIN AREVIAN & KIM LLP HOLMES WEINBERG, A.P.C. 21 22 23 By: /s/ Robert L. Meylan Robert L. Meylan 24 Shaunt T. Arevian 25 Attorneys for Plaintiff and Counter-Defendant MORTON & BASSETT, LLC 26 27 28 -3- PARTIES' JOINT STIPULATION REGARDING NEW HEARING DATE 3:15-cv-01849-HSG 1 DATED: December 1, 2016 GORDON & REES LLP 2 3 4 By: /s/ Michael D. Kanach Robert P. Andris 5 Michael D. Kanach 6 Attorneys for Defendant and Counter-Claimant ORGANIC SPICES, INC. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- PARTIES' JOINT STIPULATION REGARDING NEW HEARING DATE 3:15-cv-01849-HSG 1 ATTESTATION OF SIGNATURES 2 I, Michael D. Kanach, counsel for Defendant and Counter-Claimant Organic Spices, Inc., attest 3 that I obtained authority from counsel for Plaintiff Morton and Bassett, LLC, for this concurrence in 4 the filing's content and their authorization of the filing with all signatories listed, and on whose behalf 5 the filing is submitted. 6 7 DATED: December 1, 2016 GORDON & REES LLP 8 9 By: /s/ Michael D. Kanach 10 Robert P. Andris Michael D. Kanach 11 Attorneys for Defendant and Counter-Claimant 12 ORGANIC SPICES, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- PARTIES' JOINT STIPULATION REGARDING NEW HEARING DATE 3:15-cv-01849-HSG 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 The hearing of Organic Spices' Motion for Summary Judgment currently scheduled for December 8, 3 2016, is hereby rescheduled to December 22, 2016, at 2:00 p.m. 4 5 DATED: December 5, 2016 _____________________________________ Honorable Haywood S. Gilliam, Jr. 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1105997/30652508v.1 -6- PARTIES' JOINT STIPULATION REGARDING NEW HEARING DATE 3:15-cv-01849-HSG