Free Proposed Order - District Court of California - California

Case 3:08-cv-00778-MHP

Document 13

Filed 02/27/2008

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1 SHEPPARD MULLIN RICHTER & HAMPTON LLP 2 3 4 5 6
A Limited Liability Partnership Including Professional Corporations NEIL A. SMITH, Cal. Bar No. 63777 NATHANIEL BRUNO, Cal. Bar No. 228118 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 Telephone: 415-434-9100 Facsimile: 415-434-3947 E-mail: [email protected] [email protected]

7 Attorneys for Defendants DANRICK COMMERCE
GROUP, LLC a/k/a 8 MODERNCOLLECTIONS.COM and DANNY LOUIE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KNOLL, INC., a Delaware corporation, Case No. 08-CV-0778 MHP [PROPOSED] ORDER BY DANRICK COMMERCE GROUP, LLC AND DANNY LOUIE IN RESPONSE TO KNOLL, INC.'S ADMINISTRATIVE REQUEST TO RELATE CASES Honorable Marilyn Hall Patel United States District Judge

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Plaintiff,

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v.

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DANRICK COMMERCE GROUP, LLC a/k/a 17 MODERNCOLLECTIONS.COM, DANNY LOUIE, and DOES A­Z, Retailers for 18 Alphaville Design, Inc.,

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W02-WEST:6NB1\400727991.1

Defendants.

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Case No. 08-CV-0778 MHP

[PROPOSED] ORDER BY DANRICK COMMERCE GROUP, LLC AND DANNY LOUIE IN RESPONSE TO KNOLL, INC.'S ADMINISTRATIVE REQUEST TO RELATE CASES

Case 3:08-cv-00778-MHP

Document 13

Filed 02/27/2008

Page 2 of 2

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Plaintiff Knoll, Inc.'s motion entitled "KNOLL INC.'S MISCELLANEOUS

2 ADMINISTRATIVE REQUEST TO CONSIDER WHETHER CASES SHOULD BE 3 RELATED" [Docket No. 7], having been duly presented to the Honorable United States District 4 Judge Marilyn Hall Patel, and after considering the papers and the arguments of counsel, Federal 5 Rules of Civil Procedure, and Civil Local Rules, the Court orders as follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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1.

IT IS HEREBY ORDERED THAT the actions entitled Alphaville Design, Inc. v. Knoll, Inc., Case No. 07-CV-05569-MHP and Knoll, Inc. v. Danrick Commerce Group, LLC et al., Case No. 08-CV-0778-MHP are hereby related pursuant to Civil Local Rule 3-12. This Court shall notify the Clerk of the relation of these cases.

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IT IS HEREBY FURTHER ORDERED THAT the parties to both related cases set forth above shall adhere to the case management schedule currently set in this action, Case No. 08-CV-0778, as set forth in Docket No. 2 to this action.

3.

IT IS HEREBY FURTHER ORDERED THAT this Order is without prejudice to any of the rights of Danrick Commerce Group, LLC a/k/a Moderncollections.com and Danny Louie (parties to this action, Case No. 08-CV-0778-MHP), as well as without prejudice to any of the rights of Alphaville Design, Inc, David Lee, and Peggy Lee (parties to Case No. 07-CV-05569-MHP), including, without limitation, the right to seek a stay or dismissal of either action and/or all remedies available under Fed. R. Civ. P. 41. IT IS SO ORDERED.

Dated:________________________

___________________________________ Honorable District Judge Marilyn Hall Patel

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Case No. 08-CV-0778 MHP

[PROPOSED] ORDER BY DANRICK COMMERCE GROUP, LLC AND DANNY LOUIE IN RESPONSE TO KNOLL, INC.'S ADMINISTRATIVE REQUEST TO RELATE CASES