Levi Strauss & Co. v. Aqua Dynamics Systems, Inc.

3:15-cv-04718 | N.D. Cal. | Nov 28, 2016

Case 3:15-cv-04718-WHO Document 65 Filed 11/28/16 Page 1 of 3 TIMOTHY M. FLAHERTY (SBN 99666) MORRIS POLICH & PURDY LLP One Embarcadero Center, Suite 400 San Francisco, California 94111 Telephone: (415) 984-8500 (415) 984-8599 Facsimile: TFlaherty@mpplaw.com Attorneys for Defendant AQUA DYNAMICS SYSTEMS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 15-cv-04718-WHO LEVI STRAUSS & CO., STIPULATION TO 1) CONTINUE HEARING MOTION TO CERTIFY OCTOBER 18, 2016 ORDER FOR INTERLOCUTORY APPEAL AND 2) CONTINUE CASE MANAGEMENT CONFERENCE; AND ORDER THEREON Plaintiff, v. AQUA DYNAMICS SYSTEMS, INC., Defendant. Judge: William H. Orrick WHEREAS on October 18, 2016, the Court entered its Order Granting Motion to Compel Arbitration (Docket No. 59) (“Order”); WHEREAS on November 11, 2016, Levi Strauss & Co. (“LS&Co.”) filed its Motion to Certify the Order for Interlocutory Appeal (“Motion”) (Docket No. 62) and that Motion is scheduled to be heard December 21, 2016;

WHEREAS the Court has set a Case Management Conference for December 21, 2016; WHEREAS Aqua Dynamics Systems, Inc. (“ADSI”) and LS&Co. have agreed to postpone the Case Management Conference and hearing and briefs on the Motion and allow the parties to first meet and discuss settlement;

1 CASE NO.: 15-CV-04718-WHO I135188 30 Case 3:15-cv-04718-WHO Document 65 Filed 11/28/16 Page 2 of 3 1 2

IT IS HEREBY STIPULATED and agreed between the parties as follows: 3 1. The Case Management Conference currently scheduled for December 21, 4 2016 be continued to February 1, 2017 at 2:00 p.m.; 5 2. The hearing on the Motion of LS&Co. to Certify the October 18, 2016 Order for Interlocutory Appeal is continued to February 1, 2016 at 2:00 p.m. ADSI shall not use the extension period as the basis for any argument in this or any other matter pending between the parties that LS&Co.'s motion to certify is untimely and shall not take any steps to re-commence the arbitration during the extension period. The briefing and hearing schedule on LS&Co.'s motion to certify shall be as follows:

Opposition due January 18, 2017 Reply due January 25, 2017 Hearing February 1, 2017.
DATED: November 23, 2016 HANSON BRIDGETT By: /s/Robert A. McFarlane Robert A. McFarlane Attorneys for Plaintiff LEVI STRAUSS & CO.
DATED: November 23, 2016 MORRIS POLICH & PURDY LLP By: /s/Timothy M. Flaherty Timothy M. Flaherty Attorneys for Defendant AQUA DYNAMICS SYSTEMS, INC.
Pursuant to Local Rule 5-1(i)(1)-(3), Timothy M. Flaherty hereby attests that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing of this document.

2 CASE NO.: 15-CV-04718-WHO 30 Case 3:15-cv-04718-WHO Document 65 Filed 11/28/16 Page 3 of 3 MORRIS POLICH & PURDY LLP By: /s/Timothy M. Flaherty Timothy M. Flaherty

ORDER

The court having considered the Stipulation of the parties and good cause appearing, orders as follows: 1. The hearing on LS&Co.’s Motion to certify the October 18, 2016 Order for Interlocutory Appeal shall be continued from December 21, 2016 to February 1, 2017; ADSI’s opposition brief shall be due January 18, 2017; LS&Co.’s reply brief shall be due on January 25, 2017;
2. The Case Management Conference is continued from December 21, 2016 to February 1, 2017 at 2:00 p.m. in Courtroom 2, 17 th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102;

IT IS SO ORDERED.

DATED:

Judge William H. Orrick 3 CASE NO.: 15-CV-04718-WHO 30