UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
January 4, 2012
E. & J. GALLO WINERY, A CALIFORNIA CORPORATION, PLAINTIFF,
PROXIMO SPIRITS, INC., A DELAWARE CORPORATION; AGAVERA CAMICHINES, S.A. DE C.V., A MEXICO CORPORATION; AND DOES 1-25,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
D. GREG DURBIN (SBN 81749) McCORMICK BARSTOW SHEPPARD WAYTE & CARRUTH LLP 5 River Park Place East P.O. Box 28912 Fresno, California 93720 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 Greg.Durbin@mccormickbarstow.com D. PETER HARVEY (SBN 55712) NAOMI JANE GRAY (SBN 230171) MATTHEW A. STRATTON (SBN 254080) HARVEY SISKIND LLP Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 email@example.com Attorneys for Plaintiff and Counterdefendant E. & J. Gallo Winery and Counterdefendants Ecco Domani USA, Inc. and Tequila Supremo, S.A. de C.V.
STIPULATION AND ORDER RE BRIEFING OF MOTIONS FOR SUMMARY JUDGMENT
Hearing Date: January 24, 2012 Time: 8:30 a.m.
Before: Hon. Lawrence J. O'Neill
AND RELATED COUNTERCLAIMS
Plaintiff and Counterdefendant E. & J. Gallo Winery ("Gallo"), Counterdefendants Tequila Supremo, S.A. de C.V. and Ecco Domani USA, Inc. (collectively, "Counterdefendants"), and Defendants and Counterclaimants Proximo Spirits, Inc. ("Proximo") and Agavera Camichines, S.A. de C.V. ("Agavera Camichines") (collectively, "Counterclaimants"), through their respective counsel, hereby stipulate as follows:
WHEREAS the parties filed motions for summary judgment on December 9, 2011, and WHEREAS the parties' papers opposing each others' motions for summary judgment are currently due on January 10, 2012, and
WHEREAS the parties agree that additional time to prepare reply briefs on the pending motions would be beneficial to both sides, and both sides are willing to create that additional time, while retaining the existing deadline for reply briefs, by advancing the filing date for opposition papers.
NOW, THEREFORE, IT IS STIPULATED AND AGREED THAT
1. The parties' papers opposing each others' motions for summary judgment shall be filed and served on January 6, 2011.
2. The deadline for the parties to file and serve their reply papers in further support of their own motions for summary judgment shall be unchanged, i.e., it shall remain January 17, 2012.
IT IS SO ORDERED.
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