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Emeco Industries, Inc. v. Restoration Hardware

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 11, 2012

EMECO INDUSTRIES, INC.
PLAINTIFF,
v.
RESTORATION HARDWARE, INC.,
GARY FRIEDMAN, AND DOES 1-10.
DEFENDANTS.

The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge

STIPULATION TO CONTINUE HEARING ON PRELIMINARY INJUNCTION; [PROPOSED] ORDER THEREON

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, Plaintiff filed a motion for a preliminary injunction on October 10, 2012, Dkt. No. 10; Defendants filed a response to the motion for a preliminary injunction on 6 November 16, 2012, Dkt. No. 26; Plaintiff filed a reply on November 30, 2012, Dkt. Nos. 37, 7 38, 39; and Defendants filed a motion for leave to file a surreply on December 7, 2012, Dkt. No. 8 42; 9

WHEREAS, Plaintiff intends to file an opposition and/or response to Defendants' 10 motion for leave to file a surreply; 11

WHEREAS, the hearing date on Plaintiff's motion for a preliminary injunction is 12 currently set for December 14, 2012 at 9 a.m.; 13

WHEREAS, the parties are presently in settlement discussions in an attempt to resolve 14 their dispute without the Court's intervention; 15

WHEREAS, the parties jointly request a short continuance of the hearing date on Plaintiff's motion for a preliminary injunction to allow the parties to continue their settlement 17 discussions; 18

WHEREAS, the parties are aware that the typical day for civil law and motion hearings 19 for the Court is Friday, but counsel for Defendants has a child scheduled for surgery on Friday, 20 December 21, 2012; and 21

WHEREAS, the parties respectfully request that the hearing be on Thursday, December 16 20, 2012 at 9 a.m. or at a time thereafter that is convenient for the Court, or another date during 23 that week that is convenient for the Court besides Friday, December 21, 2012. 24

NOW THEREFORE, IT IS HEREBY STIPULATED that, subject to the Court's 25 approval: 26

1. The hearing on the preliminary injunction shall be continued until December 20, 22 2012 at 9 a.m. 28

Respectfully Submitted, Dated: December 7, 2012 Dated: December 7, 2012 3 4 /s/ Jonathan H. Blavin /s/ Wesley E. Overson JONATHAN H. BLAVIN WESLEY E. OVERSON 5 Jonathan.Blavin@mto.com WOverson@mofo.com 6 MUNGER, TOLLES & OLSON LLP MORRISON & FOERSTER LLP 560 Mission Street, 27th Floor 7 425 Market Street San Francisco, CA 94105 Telephone: (415) 512-4000 San Francisco, California 94105-2482 8 Facsimile: (415) 512-4077 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Plaintiff Emeco Industries, Inc. Attorneys for Defendants 10 Restoration Hardware, Inc. and Gary Friedman

PURSUANT TO STIPULATION, IT IS SO ORDERED. Specifically, the hearing on the motion for a preliminary injunction is continued from December 14, 2012 to January 11, 2013, at 9:00 a.m.

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: December 7, 2012 MUNGER, TOLLES & OLSON LLP 25 /s/ Jonathan H. Blavin JONATHAN H. BLAVIN Jonathan.Blavin@mto.com

20121211

© 1992-2012 VersusLaw Inc.



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