UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
January 12, 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: Jennifer L. Thurston United States Magistrate Judge
MARK D. MILLER 116349 MARCUS N. DiBUDUO 258684 SIERRA IP LAW, PC 6780 N. West Ave., Ste. 102 Fresno, California 93711 Telephone: (559) 436-3800 Facsimile: (559) 436-4800 Michael Aschen (admitted pro hac vice) Anthony A. Coppola (admitted pro hac vice) ABELMAN FRAYNE & SCHWAB 666 Third Avenue New York, New York 10017 Telephone: (212) 949-9022 Facsimile: (212) 949-9190 Attorneys for Defendants/Counterplaintiffs PROXIMO SPIRITS, INC., and AGAVERA CAMICHINES, S.A. DE C.V.
STIPULATION AND ORDER RE RE- SETTING THE DATE FOR THE SETTLEMENT CONFERENCE AND RELATED COUNTERCLAIMS
Conference Date: January 23, 2012 Time: 9:00 a.m.
Before: Hon. Jennifer L. Thurston
Defendants and Counterclaimants Proximo Spirits, Inc. ("Proximo") and Agavera Camichines, S.A. de C.V. ("Agavera Camichines") (collectively, "Counterclaimants"), and Plaintiff and Counterdefendant E. & J. Gallo Winery ("Gallo"), Counterdefendants Tequila Supremo, S.A. de C.V. and Ecco Domani USA, Inc. (collectively, "Counterdefendants"), through their respective counsel, hereby stipulate as follows:
WHEREAS a Settlement Conference has been presently scheduled in this matter for January 23, 2012 at 9:00 a.m., and
WHEREAS scheduling conflicts have arisen for Counterclaimants' counsel which will impact their ability to appear at the Settlement Conference as presently scheduled;
WHEREAS the parties have conferred with the Court to obtain an alternative date for the Settlement Conference to be held;
WHEREAS the parties' trial counsel agree that they are available to appear at the Settlement Conference with principals if it is rescheduled to February 10, 2012.
NOW, THEREFORE, IT IS STIPULATED AND AGREED THAT
The Settlement Conference currently scheduled for January 23, 2012 at 9:00 a.m. shall be reset to February 10, 2012 at the same time and place.
Based upon the foregoing and the telephonic conference held on January 9, 2012 and good cause appearing, the Court ORDERS:
1. The settlement conference currently set on January 23, 2012 is CONTINUED to February 10, 2012 at 10:00 a.m. in Courtroom 6 in Fresno, CA;
2. Counsel SHALL e-mail their confidential settlement conference statement that details the topics set forth at pages 5-6 of the scheduling order (Doc. 89), no later than five court days before the conference. In the event that the matter is not in a settlement posture by the time of the continued settlement conference, counsel SHALL file a joint statement in lieu of their confidential settlement conference statements setting forth whether the conference should be vacated or continued to another date.
IT IS SO ORDERED.
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