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Cartier International Ag v. Cellars

United States District Court, Ninth Circuit

January 23, 2014

CARTIER INTERNATIONAL AG and CARTIER, a division of RICHEMONT NORTH AMERICA, INC., Plaintiffs,
v.
CARTER CELLARS, ENVY WINES, LLC, CHRISTY CARTER, MARK CARTER, NILS VENGE, and DOES 1-10, Defendants.

J. TIMOTHY NARDELL (State Bar #184444), NARDELL CHITSAZ & ASSOCIATES LLP, San Rafael, California, JOHN P. MARGIOTTA (Pro Hac Vice application pending), JENNIFER INSLEY-PRUITT (Pro Hac Vice application pending), FROSS ZELNICK LEHRMAN & ZISSU, P.C., New York, New York, Attorneys for Plaintiff CARTIER INTERNATIONAL. AG and CARTIER, a division of RICHEMONT NORTH AMERICA, INC.

HAAPALA, THOMPSON & ABERN, LLP, Benjamin A. Thompson, Attorneys For Defendants.

STIPULATION AND [PROPOSED ORDER] TO ALLOW COUNSEL FOR PLAINTIFF TO APPEAR TELEPHONICALLY AT HEARING AND/OR EXTEND THE HEARING DATE

EDWARD M. CHEN, District Judge.

WHEREAS the Initial Case Management Conference in this action and Plaintiffs' Motion to Strike Various Affirmative Defenses are currently scheduled to be heard on February 6, 2014 at 1:30 p.m.

WHEREAS John P. Margiotta, who intends to serve as lead counsel for Plaintiffs Cartier International AG and Cartier in this action, lives and works in New York City and has a conflict that prevents him from travelling to California to be present in person at the hearings scheduled for February 6, 2014.

THEREFORE Pursuant to Civil L.R. 7-11 and 7-12, the parties, by and through the undersigned counsel, hereby request by stipulation that the Court allow Mr. Margiotta appear at the hearings on February 6, 2014 by telephone, or in the alternative, continue the Initial Case Management Conference and hearing on Plaintiffs' Plaintiffs' Motion to Strike Various Affirmative Defenses to another date.

If the Court determines that rescheduling the hearings of these matters, the parties agree that February 13 or February 27 at 1:30 p.m., would be mutually convenient dates for the hearing of these matters, at which time counsel for all parties could make arrangements to be personally present in Court.

IT IS SO STIPULATED.

ORDER

The Court having considered the parties' stipulation, and good cause appearing, the Court hereby orders that:

___ John P. Margiotta may appear telephonically at the Initial Case Management Conference and the hearing of Plaintiffs' Motion to Strike Various Affirmative Defenses, on February 6, 2014 at 1:30 p.m.
x The Initial Case Management Conference and the hearing of Plaintiffs' Motion to Strike Various Affirmative Defenses shall be continued to 2/27/14 at 1:30 p.m. A joint CMC statement shall be filed 7 days before the CMC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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