UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 10, 2013
EMECO INDUSTRIES, INC. PLAINTIFF,
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
PARTIES' JOINT STIPULATION AND REQUEST TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION; 18 [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; Defendants filed a motion for leave to file a surreply on December 7, 2012, Dkt. No. 42; 8 and Plaintiff filed a response thereto on December 10, 2012, Dkt. No. 45; 9
WHEREAS, the hearing date on Plaintiff's motion for a preliminary injunction was 10 initially set for December 14, 2012 at 9 a.m.; 11
WHEREAS, the parties filed a stipulation on December 7, 2012 to continue the hearing, 5 Dkt. No. 44; 13
WHEREAS, on December 11, 2012, the court ordered the hearing continued until 12 January 11, 2013 and reset the hearing date accordingly, Dkt. No. 46; 15
WHEREAS, the parties have entered into a binding term sheet and anticipate finalizing a 16 settlement agreement and filing a dismissal in the near future; 17
WHEREAS, the parties respectfully request that the hearing on the preliminary 18 injunction scheduled for January 11, 2013 be continued. 19
NOW THEREFORE, IT IS HEREBY STIPULATED that, subject to the Court's 20 approval: 21
1. The hearing on the preliminary injunction scheduled for January 11, 2013 shall 22 be continued. 23 24
Respectfully Submitted, Dated: January 10, 2013 Dated: January 10, 2013 2 3 /s/ Jonathan H. Blavin /s/ Wesley E. Overson JONATHAN H. BLAVIN WESLEY E. OVERSON 4 Jonathan.Blavin@mto.com WOverson@mofo.com 5 MUNGER, TOLLES & OLSON LLP MORRISON & FOERSTER LLP 560 Mission Street, 27th Floor 6 425 Market Street San Francisco, CA 94105 Telephone: (415) 512-4000 San Francisco, California 94105-2482 7 Facsimile: (415) 512-4077 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Plaintiff Emeco Industries, Inc. Attorneys for Defendants 9 Restoration Hardware, Inc. and Gary Friedman
PURSUANT TO STIPULATION, IT IS SO ORDERED. The hearing on plaintiff's motion for a preliminary injunction is hereby CONTINUED to March 1, 2013.
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 18 Stipulation to Continue Initial Case Management Conference. In compliance with General Order 19 45, X.B., I hereby attest that Wesley E. Overson has concurred in this filing.
Dated: January 10, 2013 MUNGER, TOLLES & OLSON LLP 22 /s/ Jonathan H. Blavin JONATHAN H. BLAVIN Jonathan.Blavin@mto.com
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