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Deborah Nork, Lee Roberts and Crb Baker's Bouquet v. Plaintiff's

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


December 7, 2010

DEBORAH NORK, LEE ROBERTS AND CRB BAKER'S BOUQUET, PLAINTIFFS,
12
v.
PLAINTIFF'S
13 TELEPHONICALLY AT CONTINUED DESIGNED COOKIES, INC.,
CASE MANAGEMENT CONFERENCE 14 15 16 DEFENDANTS.

Attorneys for Defendant/Counter-Claimant DESIGNED COOKIES, INC., a Texas Corporation 7 8

MARTIN T. LOVE (CA SBN 112562) KRISTEN L. WILLIAMS (CA SBN 232644) 2 LOVE & ASSOCIATES Union Square Building 3 291 Geary Street, Suite 405 San Francisco, California 94102 4 Telephone: (415) 398-3800 Email: mtl@loveandassociates.com 5 6

10 11

Initial Case Management Conference Date: December 17, 2010 at 8:30 a.m. in Courtroom 8

ORDER FOR DEFENDANT'S PRINCIPAL MARSHALL FISCO AND STIPULATION AND [PROPOSED] COUNSEL TO APPEAR

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18 19

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2. At the conclusion of the Initial Case Management Conference, the Honorable 25 Charles R. Breyer ordered the principals of both Plaintiff and Defendant to be present at the 26 Continued Case Management Conference set for December 17, 2010 at 8:30 a.m. Case No. CV 09-5336 CRB -1- Stipulation and [Proposed] Order for Telephonic Appearance at Continued Case Management Conference 3. Defendant's principal is Marshall Fisco, Executive Vice President, General Counsel 2 and Corporate Secretary. Mr. Fisco resides in Plano, Texas. 3 4. In order to avoid having to incur substantial costs in traveling to San Francisco, 4 California to attend the Continued Case Management Conference in person, the parties 5 respectfully request that this Honorable Court permit Mr. Fisco to appear telephonically at the 6 Continued Case Management Conference. The Court can reach Mr. Fisco at (469) 326-2506. 7 5. DCI's lead counsel, Martin Love, will appear personally at the Case Management 8 conference.

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9 6. Baker's counsel, Himanshu M. Patel, intends to represent the interests of Baker's at 10 the Continued Case Management Conference. Mr. Patel resides in Miami, Florida. 11 7. In order to avoid having to incur substantial attorneys' fees and costs in traveling to 12 San Francisco, California to attend the Continued Case Management Conference in person, the 13 parties respectfully request that this Honorable Court permit Mr. Patel to appear telephonically 14 at the Continued Case Management Conference. The Court can reach Mr. Patel at the law firm 15 of Zarco Einhorn Salkowski & Brito, P.A. Mr. Patel's contact number is (407) 341-4008.

16 4. Based on the foregoing, the Parties respectfully request that the Court permit 17 Messrs. Fisco and Patel to appear telephonically at the Continued Case Management Conference 18 on December 17, 2010 at 8:30 a.m.

19 WHEREFORE, Plaintiff, BAKER's BOUQUET, INC., and Defendant, DESIGNED 20 COOKIES, INC., respectfully request that this Honorable Court enter an Order: (i) granting the 21 instant Stipulation and permitting Defendant's principal, Marshall Fisco, and Plaintiff's Lead 22 Counsel, Himanshu Patel, to appear telephonically at the Continued Case Management 23 Conference; and (ii) granting such other and further relief as this Honorable Court deems just 24 and proper. 25 26 27 28 Case No. CV 09-5336 CRB -2- Stipulation and [Proposed] Order for Telephonic Appearance at Continued Case Management Conference Respectfully submitted, 2 Dated: December 7, 2010 ZARCO EINHORN SALKOWSKI & BRITO, P.A.

3 4 By:__/s/ Himanshu M. Patel_______ HIMANSHU M. PATEL 5 Attorneys for Plaintiff 6

LOVE & ASSOCIATES 7 8 By:__/s/ Martin T. Love ___ MARTIN T. LOVE 9 Attorneys for Defendant 10 11 ATTESTATION CLAUSE 12 I attest under penalty of perjury that the concurrence in the filing of this document has been 13 14 obtained from its signatories.

By:____________/s/ Martin T. Love ___ 15 MARTIN T. LOVE 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. CV 09-5336 CRB -3- Stipulation and [Proposed] Order for Telephonic Appearance at Continued Case Management Conference DECLARATION OF MARTIN T. LOVE 2 I, Martin T. Love, declare as follows: 3 1. I am an attorney at law duly admitted to practice before this Court and am an 4 attorney at the law firm of Love and Associates, attorneys of record for Plaintiffs in this action. I 5 make this declaration in support of the instant Stipulation and [Proposed] Order for Defendant's 6 Principal and Plaintiff's Counsel to Appear Telephonically at Continued Case Management 7 Conference. Except when stated upon information and belief, I have personal knowledge of the 8 matters set forth herein and could competently testify to them if called upon to do so. 9 2. I am lead counsel for Defendant Designed Cookies, Inc. and will be present at the 10 Continued Case Management Conference. 11 3. I am informed and believe that Defendant's Principal, Marshall Fisco, Executive 12 Vice President, General Counsel and Corporate Secretary resides in Plano, Texas. Defendant 13 would incur substantial costs if required to travel to San Francisco, California to attend the 14 Continued Case Management Conference in person. The Court can reach Mr. Fisco at (469) 15 326-2506. 16 I declare under penalty of perjury that the foregoing is true and correct.

17 Executed this 7th day of December 2010 in San Francisco, California.

18 19 By:___/s/ Martin T. Love MARTIN T. LOVE 20 21 DECLARATION OF HIMANSHU M. PATEL 22 I, Himanshu Patel, declare as follows: 23 1. I am an attorney at law duly admitted to practice before this Court and am a Partner 24 at the law firm of Zarco Einhorn Salkowski & Brito, P.A., attorneys of record for Plaintiffs in 25 this action. I make this declaration in support of the instant Stipulation and [Proposed] Order for 26 Defendant's Principal and Plaintiff's Counsel to Appear Telephonically at Continued Case 27 28 Case No. CV 09-5336 CRB -4- Stipulation and [Proposed] Order for Telephonic Appearance at Continued Case Management Conference Management Conference. I have personal knowledge of the matters set forth herein and could 2 competently testify to them if called upon to do so.

3 2. Mr. Zarco and I are lead counsel for Plaintiff, Baker's Bouquet, Inc., in this 4 litigation. We are located in Miami, Florida. Our client would incur substantial attorneys' fees 5 and costs for us to travel to San Francisco, California to attend the Continued Case Management 6 Conference in person.

7 3. I intend to represent the interests of Baker's at the Continued Case Management 8 Conference. The Court can reach me on my cell phone at (407) 341-4008.

9 I declare under penalty of perjury that the foregoing is true and correct.

10 Executed this 7th day of December 2010 in Miami, Miami-Dade County, Florida. 11 12

By:___/s/ Himanshu M. Patel________________ HIMANSHU M. PATEL 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. CV 09-5336 CRB -5- Stipulation and [Proposed] Order for Telephonic Appearance at Continued Case Management Conference [PROPOSED] ORDER 2 Pursuant to the parties' stipulation and Local Rule 7-11 and good cause appearing, it is 3 hereby ordered that Defendant's Principal, Marshall Fisco, and Plaintiff's counsel, Himanshu 4 Patel, may appear telephonically at the Continued Case Management Conference on September 5 17, 2010 at 8:30 a.m. The Court will contact Plaintiff's counsel at (407) 341-4008.

6 IT IS SO ORDERED.

E DIST 7 T S RI A CT 7 , 2010 O S T C 8 Dated: December U THE HONORABLE CHARLES R. BREYER E D R T 9 UNITED STATES DISTRICT COURT JUDGE T N IT IS SO ORDERED I 10 U A N I R. R O Judge O 11 N Charles Breyer 12 R F H T I L 13 E A R C N F DIS O 14 TRICT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. CV 09-5336 CRB -6- Stipulation and [Proposed] Order for Telephonic Appearance at Continued Case Management Conference

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