UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
November 20, 2012
EMECO INDUSTRIES, INC.
EMECO INDUSTRIES, INC.
RESTORATION HARDWARE, INC., GARY
FRIEDMAN, AND DOES 1-10.
The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge
STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
STIPULATION TO CONTINUE INITIAL CMC; [PROPOSED] ORDER CASE NO. CV 12-05072 MMC
Plaintiff Emeco Industries, Inc. ("Plaintiff"), and Defendants Restoration Hardware, Inc. 2 and Gary Friedman ("Defendants") hereby stipulate through their respective attorneys as 3 follows: 4 WHEREAS, on October 16, 2012, the Court issued a Case Management Conference Order in the above-captioned action, scheduling the Initial Case Management Conference for 6 December 14, 2012 at 10:30 a.m.; 7 WHEREAS, the parties agree that they could meet the deadlines for events leading up to 8 the Initial Case Management Conference in a more orderly fashion if that Conference were 9 postponed; 10 WHEREAS, the parties agree that they and the Court would benefit from having 5 Plaintiff's Motion for a Preliminary Injunction and Defendants' Motion to Dismiss fully briefed 12 and argued before the Initial Case Management Conference; 13 WHEREAS, Friday, February 1, 2013, at 10:30 a.m. is a mutually agreeable date for the 14 parties for a rescheduled Initial Case Management Conference; 15 WHEREAS, the parties jointly request a continuance of the Case Management 11 Conference until February 1, 2013, at 10:30 a.m; 17 WHEREAS, the parties agree to have their Federal Rule of Civil Procedure 26(f) 18 conference and, pursuant to ADR Local Rule 3-5, confer on an ADR process, file ADR 19 Certifications, and file either Stipulations to ADR Process or Notices of Need for ADR Phone 20 Conference, by January 11, 2013; 21
WHEREAS, the parties agree to serve their initial disclosures and file the joint case 22 management conference statement by January 25, 2013; and 23 NOW THEREFORE, IT IS HEREBY STIPULATED that, subject to the Court's 24 approval: 25 1. The parties shall have their Federal Rule of Civil Procedure 26(f) conference and, 26 pursuant to ADR Local Rule 3-5, confer on an ADR process, file ADR Certifications, and file 27 either Stipulations to ADR Process or Notices of Need for ADR Phone Conference, by January 28 11, 2013;
2. The parties shall serve their initial disclosures and file their joint case 2 management conference statement by January 25, 2013; and 3 3. The Initial Case Management Conference shall be held on Friday, February 1, 2013 at 10:30 a.m. 5 Respectfully Submitted,
Dated: November 19, 2012 Dated: November 19, 2012 7 8 /s/ Jonathan H. Blavin /s/ Wesley E. Overson JONATHAN H. BLAVIN WESLEY E. OVERSON 9 Jonathan.Blavin@mto.com WOverson@mofo.com 10 MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th MORRISON & FOERSTER LLP Floor 6 San Francisco, CA 94105 Telephone: (415) 512-4000 San Francisco, California 94105-2482 12 Facsimile: (415) 512-4077 Telephone: 415.268.7000 Facsimile: 415.268.7522 11 425 Market Street Attorneys for Plaintiff Emeco Industries, Inc. Attorneys for Defendants 14 Restoration Hardware, Inc. and Gary Friedman
PURSUANT TO STIPULATION, IT IS SO ORDERED.
ATTESTATION PURSUANT TO GENERAL ORDER 45 X.B.
I, Jonathan H. Blavin, am the ECF User whose ID and password are being used to file this Stipulation to Continue Initial Case Management Conference. In compliance with General Order 45, X.B., I hereby attest that Wesley E. Overson has concurred in this filing.
Dated: November 19, 2012 MUNGER, TOLLES & OLSON LLP 26 /s/ Jonathan H. Blavin JONATHAN H. BLAVIN Jonathan.Blavin@mto.com
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